Florida Statutes

Fla. Stat. § 741.211 (2025)

Common-law marriages void.

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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.

History.—s. 1, ch. 67-571.

Notes of Decisions

Cited in 50 cases (4 in the last 5 years), 1968–2024 · leading case: Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010).

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Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010). · cites it 30× “" § 741.211, Fla. Stat. (2002). This language prohibits a marriage from occurring rather than nullifying one that has occurred much like the language of section 741.”

Johnson v. Lincoln Square Props., Inc., 571 So. 2d 541 (Fla. 2d DCA 1990). · cites it 14× “Lincoln Square moved to dismiss the consortium claim on the ground that the claim was founded on an out-of-state common law marriage, and Florida does not recognize common law marriages pursuant to section 741.211, Florida Statutes (1987).”

Glenda Martinez Smith v. J. Alan Smith, 224 So. 3d 740 (Fla. 2017). · cites it 3× “For example, section 741.211, Florida Statutes (2016), is titled “Common-law marriages void,” and provides “[n]o common-law marriage .”

Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). · cites it 2× “We reject Lowe's contention that the DPA violates section 741.211, Florida Statutes (1999), which prohibits recognition of common law marriages.”

Raulerson v. Wright, 60 So. 3d 487 (Fla. 1st DCA 2011). · cites it 2× “1st DCA 2010) (emphasis added) (considering § 741.211, Fla. Stat., providing that defective marriage will be recognized if entered into “in good faith and in substantial compliance with this chapter.”

Russell v. Pasik, 178 So. 3d 55 (Fla. 2d DCA 2015). · cites it 2× “-9- See § 741.211, Fla. Stat. (2011) (holding that common-law marriages are not recognized in the State of Florida).”

Caspar v. Snyder, 77 F. Supp. 3d 616 (E.D. Mich. 2015). “311 (1963); Fla. Stat. § 741.211 (1967); Ga.Code Ann.”

Leet v. State, 595 So. 2d 959 (Fla. 2d DCA 1991). · cites it 2× “§ 741.211, Fla. Stat. (1987). If this couple had separated, Mr.”

Kelly v. Colston, 977 So. 2d 692 (Fla. 1st DCA 2008). · cites it 2× “[3] As the laws of Florida do not recognize common law marriage because parties erroneously believe they are married, see § 741.211, Fla. Stat. (2005), and Anderson v.”

In Re Est. of Suggs, 405 So. 2d 1360 (Fla. 5th DCA 1981). · cites it 2× “…tenants in common. The judgment appealed from is AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 741.211, Fla. Stat. (1967).”

Lee v. Lee, 544 So. 2d 1083 (Fla. 1st DCA 1989). · cites it 2× “§ 741.211, Fla. Stat. (1987). [2] The statutory language has remained largely unchanged throughout the years and has been consistently construed to require "the State to show that the parties lived together openly as if the relation of husband and wife existed.”

Smith v. Anderson, 821 So. 2d 323 (Fla. 2d DCA 2002). · cites it 2× “1st DCA 1991) (citing § 741.211, Fla. Stat. (1969)). However, Florida does recognize common-law marriages that are entered into in states that do accept common-law marriages.”

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