Does Florida Recognize Common Law Marriage?

/3 Comments/in , //Tags: , , , , , , , , by

You may have heard about common law marriages. Generally speaking, they are unions in which the couple has not been licensed for marriage by the state but have lived with one another for a certain period of time and have voluntary held one another out to others as being a married couple.

Prior to 1968, couples could enter into a common law marriage in Florida and have all the rights and responsibilities that come with a state-licensed marriage. However, with the passage of section 741.211 of the Florida Statutes, couples could no longer enter into common law marriages in Florida. The current iteration of section 741.211 reads as follows:

Common-law marriages void.—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.

However, this statute does not abolish Florida’s recognition of all common law marriages.

Read more →

Divorce and “No Fault”

/0 Comments/in //Tags: , , by

Since last year, New York, like Florida, has become a “no fault” divorce state.  Generally, this means that spouses don’t have to allege wrongdoing to have their marriage dissolved.  A petitioner simply has to allege that the marriage is broken beyond repair, and maybe give a few facts (such as a statement that the parties no longer are in love). But, according to attorney Doug Kepanis, at least one New York judge requires more:

In the case of Strack v. Strack, a wife sought to divorce her husband based on the New York “no fault” divorce statute. She alleged, in accordance with the statute, that “the relationship between husband and wife has broken down such that it is irretrievable and has been for a period of at least six months.” This is basically a paraphrase of the actual law.

Read more →

New York Recognizes Gay Marriage. Do Floridians Have Options?

/1 Comment/in , , , //Tags: , , , , , , , , , , , , , , , , , , by

Beginning July 24, 2011, gay couples in New York will be able to apply for a marriage license.  This will make New York the sixth and largest state to recognize gay marriage.

Florida, unlike New York, does not permit gay marriage, nor does it recognize civil unions.  But there are things that partners can do to symbolize their love for one another and create certain rights and responsibilities.  You just have to be creative.

Let me give you an example.  One of the services that my firm offers is that we represent clients in name change matters.  I have heard all different reasons why a client wants a name change, including that he or she (a) has done some things he or she is not proud of and wants to turn a new leaf, (b) wants to take on the qualities of a religious or historical figure by taking on part of that figure’s name, and (c) simply does not like his or her name.

One day, a young woman came in for a consultation, and she had a touching story to tell me.  She said that she had been dating her partner for several years, and that they wanted to get married.  But, of course, Florida does not permit gay marriage.  However, this woman decided to declare her love and commitment by legally taking on her partner’s last name.  I was able to guide her through the judicial process of symbolically affirming her dedication to her partner through a name change.

Read more →

Financial Assistance Received on Behalf of a Child: Income for Child Support Purposes?

/0 Comments/in //Tags: , by

A parent may be receiving government benefits not only for him or herself, but also independent benefits designated for his or her child.  Are the benefits received on behalf of the child considered income for purposes of calculating child support?

The Second District Court of Appeals answers affirmatively in Wallace v. Dept. of Revenue ex rel Cutter, 774 So. 2d 804, 808 (Fla. 2d DCA 2000):

Read more →