Common Law... am I mistaken

[tigger22472]

What is the name of your state? This refers to FLA.

There is all this talk about Terri Schiavo in Florida and how her husband has lived with this woman for 10 years and has two children. I can't say that I've heard an actual attorney use the term 'common law' however it's being said all over. The way I understood it was that there is no such thing as common law in Fla. and that there are few states that even honor this anymore even at all. I also realize that for common law to apply they have to protray themselves as married and refer to themselves as husband and wife, which I've not heard but doesn't mean it doesn't apply. I am just curious if this law even applies in Florida at all or once again the media is exaggerating. Also isn't the fact that he's still technically married anyways make it impossible to be married by common law to someone else?

 

[I AM ALWAYS LIABLE]

What is the name of your state? This refers to FLA.

There is all this talk about Terri Schiavo in Florida and how her husband has lived with this woman for 10 years and has two children. I can't say that I've heard an actual attorney use the term 'common law' however it's being said all over. The way I understood it was that there is no such thing as common law in Fla. and that there are few states that even honor this anymore even at all. I also realize that for common law to apply they have to protray themselves as married and refer to themselves as husband and wife, which I've not heard but doesn't mean it doesn't apply. I am just curious if this law even applies in Florida at all or once again the media is exaggerating. Also isn't the fact that he's still technically married anyways make it impossible to be married by common law to someone else?

My response:

Common law marriage cannot be created in Florida. Therefore, your question is moot as it relates to Florida. However, in general, your last sentence is correct; i.e., since Shiavo is still married to his PVS wife, a valid common law marriage could not exist, anyway. But, like I said, this is a moot question.

IAAL

 

[tigger22472]

Thank you.. that is what I thought. Coming here all these years reminded me there was no such thing in Florida anyways. I was just curious with the media AND political 'circus' that has been created over all of this

 

[Eyez4U]

tigger22472, why are you concerned about Terry Schiavo's husband and what he does? Like I am always liable said, this is a moot question.

 

[seniorjudge]

What is the name of your state? This refers to FLA.

There is all this talk about Terri Schiavo in Florida and how her husband has lived with this woman for 10 years and has two children. I can't say that I've heard an actual attorney use the term 'common law' however it's being said all over. The way I understood it was that there is no such thing as common law in Fla. and that there are few states that even honor this anymore even at all. I also realize that for common law to apply they have to protray themselves as married and refer to themselves as husband and wife, which I've not heard but doesn't mean it doesn't apply. I am just curious if this law even applies in Florida at all or once again the media is exaggerating. Also isn't the fact that he's still technically married anyways make it impossible to be married by common law to someone else?

The media sometimes uses "common law husband (or wife)" instead of "live-in boyfriend (or girlfriend)".

Like so many other things we read/her in the media ("living will" and "reverse discrimination" come to mind), this makes no sense but it makes a nifty sound bite.

 

[tigger22472]

tigger22472, why are you concerned about Terry Schiavo's husband and what he does? Like I am always liable said, this is a moot question.

I am concerned as the media and those involved in fact deceive the public in believing that 'common law' marriage is honored in Florida when in fact it's not. I am concerned with the 'law' and have discussed this case in my classes for school dealing with law and I wanted confirmation. But thanks for asking

 

[seniorjudge]

I am concerned as the media and those involved in fact deceive the public in believing that 'common law' marriage is honored in Florida when in fact it's not. I am concerned with the 'law' and have discussed this case in my classes for school dealing with law and I wanted confirmation. But thanks for asking

What on earth ever made you think the media (consevative, liberal, or otherwise) cares if it is deceiving the public?

 

[Eyez4U]

What on earth ever made you think the media (consevative, liberal, or otherwise) cares if it is deceiving the public?

Exactly why I responded the way I did.

 

[tigger22472]

What on earth ever made you think the media (consevative, liberal, or otherwise) cares if it is deceiving the public?

I totally agree with you.. as if they have ever cared that they are deceiving the public... I just didn't want to allow them to deceive me. I can see it now.. all these posters coming here talking about how they are in Fla. and they are in a common law relationship. Besides that I feel that I can do my part in my little spot in the world to correct that wrong even if it doesn't go beyond my house.

 

[BlondiePB]

tigger, below is the FL statute about common-law marriage.

741.211 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.


P.S. If you're interested in how the Advance Directives were legally ruled and challenged read Chpt. 765 of FL statutes.

 

[tigger22472]

tigger, below is the FL statute about common-law marriage.

741.211 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.


P.S. If you're interested in how the Advance Directives were legally ruled and challenged read Chpt. 765 of FL statutes.

Thank you. It never hurts to be more up on the legalities of things.