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Rights of common law spouse in wrongful death

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D

DFreeland

Guest
What is the name of your state? Florida

My husband and I had a common law marriage in Georgia before moving to Florida in 1999. My husband was recently killed by a hit and run driver. What rights do I have to pursue a wrongful death suit?
 


Beth3

Senior Member
My condolences on your partner's death Only 11 states (and the District of Columbia) recognize common law marriages and neither Florida nor Georgia are among then.
 

JETX

Senior Member
Beth3 said:
My condolences on your partner's death Only 11 states (and the District of Columbia) recognize common law marriages and neither Florida nor Georgia are among then.
Sorry, but that is not necessarily true. Georgia recognizes common law marriages that were entered into prior to January 1, 1997. They changed their laws effective that date to no longer allow establishment of common law marriages.
 

Beth3

Senior Member
Thanks. GA did not show up in the research I did which apparently only included States that currently recognize common law marriages.
 
D

DFreeland

Guest
What is required to show common law marriage?

We began living together in 1991 in Orlando, FL. We moved to Atlanta, GA in 1995 and continued living together until we moved back to FL in 1999. We have always referred to each other as husband and wife and even filed taxes together.
 

JETX

Senior Member
Since Florida doesn't recognize common law marriages, your 'shacking up' in that state doesn't count.

However, since you were in Georgia PRIOR to the restriction in common law there (12/31/1997), you MIGHT qualify for common law there. To see if you in fact qualify, you may want to discuss this with a Georgia attorney who can review the pre-12/31/97 requirements; however, it appears that the state required the following from the Georgia Code:
"19-3-1.
To constitute a valid marriage in this state there must be:
(1) Parties able to contract;
(2) An actual contract; and
(3) Consummation according to law."

And then if you met the requirements in Georgia for common-law, then that marriage would also be recognized in Florida.
 

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