Florida Statute 741.211 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.211

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.

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Amendments to 741.211

Annotations, Discussions, Cases:

Cases Citing Statute 741.211

Total Results: 47

Lucille Smith v. Margaret M. Heckler, Secretary of Health and Human Services

707 F.2d 1284, 1983 U.S. App. LEXIS 26492, 2 Soc. Serv. Rev. 108

Court of Appeals for the Eleventh Circuit | Filed: Jun 23, 1983 | Docket: 606430

Cited 29 times | Published

contracted after that date to be void. Fla.Stat. § 741.-211 (1979).

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

reject Lowe's contention that the DPA violates section 741.211, Florida Statutes (1999), which prohibits recognition

Cowart v. City of West Palm Beach

255 So. 2d 673, 1971 Fla. LEXIS 3207

Supreme Court of Florida | Filed: Dec 8, 1971 | Docket: 1431314

Cited 24 times | Published

2d 39, 43 (Fla. 1954). [6] Florida Statutes § 741.211, F.S.A., providing common law marriages entered

Sacks v. Sacks

267 So. 2d 73

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 1481588

Cited 13 times | Published

recognized common-law marriages. See Fla. Stat. § 741.211, F.S.A., abolishing common-law marriages entered

Johnson v. Lincoln Square Properties, Inc.

571 So. 2d 541, 1990 WL 202683

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1702261

Cited 12 times | Published

recognize common law marriages pursuant to section 741.211, Florida Statutes (1987). The trial court agreed

Anderson v. Anderson

577 So. 2d 658, 1991 WL 43170

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1154116

Cited 9 times | Published

marriages contracted in this state after 1968. § 741.211, F.S. (1969). However, as found by the Second

Leet v. State

595 So. 2d 959, 1991 WL 272641

District Court of Appeal of Florida | Filed: Dec 16, 1991 | Docket: 1298926

Cited 8 times | Published

marriage is no longer a viable doctrine in Florida. § 741.211, Fla. Stat. (1987). If this couple had separated

Lee v. Lee

544 So. 2d 1083, 1989 WL 61528

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 1301129

Cited 8 times | Published

abolished by statute effective January 1, 1968. § 741.211, Fla. Stat. (1987). [2] The statutory language

Kelly v. Colston

977 So. 2d 692, 2008 WL 704215

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 1529849

Cited 7 times | Published

parties erroneously believe they are married, see § 741.211, Fla. Stat. (2005), and Anderson v. Anderson,

American Airlines, Inc. v. Mejia

766 So. 2d 305, 2000 Fla. App. LEXIS 1991, 2000 WL 232758

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 2450174

Cited 5 times | Published

jurisdiction recognizing such marriages. See § 741.211, Fla. Stat. (1999); and Anderson v. Anderson,

In Re Estate of Suggs

405 So. 2d 1360

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348086

Cited 5 times | Published

FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 741.211, Fla. Stat. (1967).

Russell v. Pasik

178 So. 3d 55, 2015 Fla. App. LEXIS 15177

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 60294109

Cited 4 times | Published

on the parties any special legal status. See § 741.211, Fla. Stat. (2011) (holding that common-law marriages

Carter v. Carter

309 So. 2d 625

District Court of Appeal of Florida | Filed: Mar 18, 1975 | Docket: 1770833

Cited 4 times | Published

Coral Gables, Florida. 3. Florida Statutes, Section 741.211 did not invalidate common law marriages entered

In Re Estate of Litzky

296 So. 2d 638

District Court of Appeal of Florida | Filed: May 28, 1974 | Docket: 1614932

Cited 4 times | Published

the court entered a finding that Fla. Stat. § 741.211 F.S.A. invalidated common-law marriages entered

Raulerson v. Wright

60 So. 3d 487, 2011 Fla. App. LEXIS 5420, 2011 WL 1451762

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 60300230

Cited 3 times | Published

1st DCA 2010) (emphasis added) (considering § 741.211, Fla. Stat., providing that defective marriage

Smith v. Anderson

821 So. 2d 323, 2002 WL 1181282

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1235853

Cited 3 times | Published

577 So.2d 658, 660 (Fla. 1st DCA 1991) (citing § 741.211, Fla. Stat. (1969)). However, Florida does recognize

In Re Estate of Hill

294 So. 2d 46

District Court of Appeal of Florida | Filed: Apr 30, 1974 | Docket: 1426894

Cited 3 times | Published

in July, 1964 before enactment of Fla. Stat. § 741.211, F.S.A. which invalidated common-law marriages

Glenda Martinez Smith v. J. Alan Smith

224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146154

Cited 2 times | Published

used in section 744.3215(2)(a). For example, section 741.211, Florida Statutes (2016), is titled “Common-law

Hall v. MAAL

32 So. 3d 682, 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

District Court of Appeal of Florida | Filed: Mar 30, 2010 | Docket: 1662589

Cited 2 times | Published

to take dower. The court referenced part of section 741.211, which eliminated common law marriage and states

Delgado v. Estate of Garriga

870 So. 2d 912, 2004 WL 840239

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1330691

Cited 2 times | Published

marriages entered into after January 1, 1968. See § 741.211, Fla. Stat. (2001). [2] Delgado requested the

Pefaur v. Pefaur

617 So. 2d 425, 1993 WL 130554

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 457782

Cited 2 times | Published

law of Argentina, Mexico, and Florida. [3] See § 741.211, Fla. Stat. (1991) (law changed effective Jan

Compagnoni v. Compagnoni

591 So. 2d 1080, 1991 WL 276887

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 541163

Cited 2 times | Published

court granted a stay of the final judgment. [2] § 741.211, Fla. Stat. (1989). [3] On remand, the trial

Smith v. Stewart

390 So. 2d 178

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 1504467

Cited 2 times | Published

into the marriage prior to January 1, 1968, Section 741.211, Florida Statutes (1979). There was woefully

Mamani v. Berzaín

309 F. Supp. 3d 1274

District Court, S.D. Florida | Filed: Feb 14, 2018 | Docket: 64318606

Cited 1 times | Published

generally recognized in Florida, see Fla. Stat. § 741.211, that limitation does not apply to marriages entered

Castetter v. Henderson

113 So. 3d 153, 2013 WL 2256520, 2013 Fla. App. LEXIS 8296

District Court of Appeal of Florida | Filed: May 24, 2013 | Docket: 60231457

Cited 1 times | Published

So.2d 759, 761 (Fla. 5th DCA 1997); see also § 741.211, Fla. Stat. (2013) (providing that common-law

Duey v. Duey

343 So. 2d 896

District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 1304258

Cited 1 times | Published

appealed is reversed. Reversed. NOTES [1] Section 741.211, Florida Statutes (1975), voided common law

Duey v. Duey

343 So. 2d 896

District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 1304258

Cited 1 times | Published

appealed is reversed. Reversed. NOTES [1] Section 741.211, Florida Statutes (1975), voided common law

Williams v. Dade County

237 So. 2d 776

District Court of Appeal of Florida | Filed: Jul 14, 1970 | Docket: 1368881

Cited 1 times | Published

their inception is prior to January 1, 1968. See § 741.211, Fla. Stat., F.S.A. which provides: "Common law

Baxter v. Baxter

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435173

Published

law does not recognize common law marriage. See § 741.211, Fla. Stat. The court declared the parties

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553255

Published

common law marriages “after January 1, 1968.” § 741.211, Fla. Stat. 2 But the majority opinion should

RAUL PARISI v. MARIA ISABEL QUADRI DE KINGSTON, etc.

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012406

Published

So. 2d 638 (Fla. 3d DCA 1974) (relating to section 741.211, which invalidates common law marriage, and

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. BRYAN RINTOUL, as Personal Representative of the Estate of Edward Caprio

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301697

Published

recognize common law marriages in 1968 by enacting section 741.211, Florida Statutes (1968): No common-law

Russell v. Pasik

178 So. 3d 55, 2015 WL 5947198

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919902

Published

-9- See § 741.211, Fla. Stat. (2011) (holding that common-law marriages

Oliver v. Stufflebeam

155 So. 3d 395, 2014 Fla. App. LEXIS 20831, 40 Fla. L. Weekly Fed. D 66

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 2618731

Published

2d DCA 1990) (holding that Florida Statute Section 741.211 did not serve to render validly entered, out-of-state

Shaw v. Shaw

177 So. 3d 977, 2014 Fla. App. LEXIS 13262, 2014 WL 4212771

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1165009

Published

lawful, out-of-state common law marriages. See § 741.211, Fla. Stat. (2013); Johnson v. Lincoln Square

Adler v. Adler

805 So. 2d 952, 2001 Fla. App. LEXIS 16342, 2001 WL 1445088

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 64811977

Published

Concur. . In 1967, the legislature added section 741.211 to the Florida Statutes, invalidating all common-law

Walker v. Erpenbach

553 So. 2d 738, 14 Fla. L. Weekly 2898, 1989 Fla. App. LEXIS 6979, 1989 WL 150078

District Court of Appeal of Florida | Filed: Dec 14, 1989 | Docket: 64646947

Published

AFFIRMED. SHARP, and GOSHORN, JJ., concur. . Section 741.211, Florida Statutes (1987) provides that no common

In Re Perry

651 F. Supp. 292, 1987 U.S. Dist. LEXIS 5002

District Court, S.D. Florida | Filed: Jan 6, 1987 | Docket: 2154019

Published

conceded that, pursuant to Florida Statutes, Section 741.211, Florida does not recognize as valid any common

McClenahen v. Malland

476 So. 2d 1289, 10 Fla. L. Weekly 1820, 1985 Fla. App. LEXIS 14419

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 64614769

Published

recognized in Florida prior to January 1, 1968. § 741.211, Fla. Stat. (1967).

Burke v. Burke

447 So. 2d 944, 1984 Fla. App. LEXIS 12310

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 64603837

Published

because in 1967, the State of Florida enacted section 741.211, Florida Statutes (1967), which abolished common

Hopkins v. E-Systems, Commercial Division

423 So. 2d 981, 1982 Fla. App. LEXIS 21904

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594091

Published

of afterborn children of the deceased. . Section 741.211, Florida Statutes (1967).

Borders v. Liberty Apartment Corp.

407 So. 2d 232, 1981 Fla. App. LEXIS 21585

District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 64586731

Published

until Hilda died in 1978. By enactment of Section 741.211, Florida Statutes (1967), the legislature invalidated

Day v. Day

331 So. 2d 335, 1976 Fla. App. LEXIS 14150

District Court of Appeal of Florida | Filed: May 12, 1976 | Docket: 64553522

Published

abolished in Florida effective 1 January 1968. Section 741.211, Florida Statutes. The findings of the court

Sutton v. Bragg

334 So. 2d 271, 1976 Fla. App. LEXIS 15692

District Court of Appeal of Florida | Filed: May 4, 1976 | Docket: 64554320

Published

evidence was at best, harmless error. Affirmed. . § 741.211, Fla.Stat.

Larrabee v. State

243 So. 2d 432, 1971 Fla. App. LEXIS 5407

District Court of Appeal of Florida | Filed: Feb 3, 1971 | Docket: 64518528

Published

prohibited in Florida as of January 1, 1968. Fla.Stat. 741.211, F.S.A. (1969).

Ezell-Titterton, Inc. v. A. K. F. ex rel. P. A. F.

234 So. 2d 360, 1970 Fla. LEXIS 2782

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514307

Published

abolished common law marriage. See Fla.Stat. § 741.211 (1967), F.S.A. . “If any installment of compensation

Phillips v. Phillips

215 So. 2d 83, 1968 Fla. App. LEXIS 4805

District Court of Appeal of Florida | Filed: Oct 29, 1968 | Docket: 64507150

Published

the legislature in 1967 (Ch. 67-571; F.S.1967, § 741.211 F.S.A.), which provided that none such made after