Common law marriage, often referred to as sui juris marriage, is only recognized in twelve states; Alabama, Colorado, Kansas, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, New Hampshire, Texas, and Utah. The District of Columbia also recognizes common law marriages. However, you will notice, Florida is not among those states.
Florida Statute 741.211 reads as follows, “No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”
Although Florida does not have common law marriage, there are instances when Florida will recognize common law marriages that occurred out of state. Contact Law Office of David M. Goldman for more information on this and other family law issues.