Legal Question in Family Law in Florida

common law marriage & divorce

Can a man living in Florida file for a divorce from his common law wife in a Florida court? They were married in Alabama in 1994 & have one child together. Wife is not disputing, both are agreeable on custody of minor child (staying w/ mom), child support, splitting assets, and the divorce. Will Florida grant their divorce without recognizing common law marriages? Or, will this need to be filed in Alabama?


Asked on 3/09/07, 3:50 pm

1 Answer from Attorneys
Joel Bello Joel Bello, P.A.

Re: common law marriage & divorce

You can file for divorce in Florida as long as you meet the six month residency requirement.

Florida doesn't have common law marriage, however Florida does recognize common law marriages that occurred in other states.

Where a valid common law marriage exists, the couple must go through a formal divorce to end the relationship.

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Answered on 3/09/07, 4:44 pm


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