CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 26492, 2 Soc. Serv. Rev. 108
contracted after that date to be void. Fla.Stat. § 741.-211 (1979).
CopyCited 25 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11893, 2000 WL 1345513
...nt to promote "employee recruitment, employee retention, and employee loyalty." BROWARD CO., FLA. CODE § 16½-151(d) (1999). Section 16½-158(c) is far from being the centerpiece of the legislation. We reject Lowe's contention that the DPA violates section 741.211, Florida Statutes (1999), which prohibits recognition of common law marriages....
...DA CONSTITUTION BECAUSE: (1) THE ACT IMPROPERLY INTRUDES INTO A MATTER PURELY OF STATEWIDE CONCERN UNDER CITY OF MIAMI BEACH V. FLEETWOOD HOTEL, INC.,
261 So.2d 801, 804 (Fla.1972); or (2) THE ACT IS INCONSISTENT WITH SECTIONS
741.212,
112.08(2)(a),
741.211, OR
798.02, FLORIDA STATUTES (1999)? AFFIRMED IN PART; REVERSED IN PART....
CopyCited 24 times | Published | Supreme Court of Florida | 1971 Fla. LEXIS 3207
...e to that decision a patently erroneous and unfounded principal of law, is to create a `real and embarrassing conflict of opinion and authority' * * *." [3]
72 So.2d 39, 40 (Fla. 1954). [4] Ibid. [5]
72 So.2d 39, 43 (Fla. 1954). [6] Florida Statutes §
741.211, F.S.A., providing common law marriages entered into after January 1, 1968, are void, is not applicable here.
CopyCited 13 times | Published | Supreme Court of Florida
...Finally, on April 11, 1967, the Mississippi Court granted Hollis a divorce. Constance, Robert and the child continued living together and a common-law marriage was effected on the date the Hollis' divorce was granted. Florida at that time recognized common-law marriages. See Fla. Stat. § 741.211, F.S.A., abolishing common-law marriages entered into after January 1, 1968....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1990 WL 202683
...Seven days after the accident, they were married in accordance with Florida law. 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)....
..."Few subjects in the law seem so inscrutable as conflicts-of-law theory. After more than a century of evolution, conflicts law remains characterized by uncertain purposes and manipulable methodology." [1] In the instant case we have an alleged conflict between section 741.211, Florida Statutes (1987), [2] which makes common law marriages in Florida void as of 1968, and section 1.91(a)(2), Texas Family Code Annotated (Vernon 1975), [3] which recognizes the creation of common law marriages in Texas. Lincoln Square would have us hold that because section 741.211, Florida Statutes, has made common law marriages in the state of Florida void, public policy demands that the validity of the marriage be determined under Florida law....
...The recognition of this strong presumption of validity is the antithesis of finding that the act of marriage is repugnant to the interest of Florida. Therefore, public policy arguments are without merit. [4] This case is one of first impression in Florida, since the enactment of section 741.211....
...rriage occurred. Id. at 244. See also Guelman v. De Guelman,
453 So.2d 1159, 1160 (Fla. 3rd DCA 1984) (trial court did not err in finding Bolivia marriage valid, pursuant to Bolivian law). Although there are no Florida decisions which have held that section
741.211 invalidates out-of-state common law marriages, the Attorney General opined that section
741.211 did not change the established principle that the validity of a marriage is determined by the law of the place where the marriage occurred....
...aws of the state where the marriage was allegedly contracted to determine its validity. See Bowlin v. Bowlin, 55 N.C. App. 100, 285 S.E.2d 273 (1981) (court upheld the validity of a common law marriage from South Carolina). Accordingly, we hold that section 741.211 is limited to marriages occurring in Florida and was never intended to affect persons lawfully married outside of Florida....
...Johnson's consortium claim. We do not address the issue of whether or not the Johnsons' common law marriage is valid pursuant to Texas law. Additionally, we certify the following question to the Florida Supreme Court as one of great public importance: Whether section 741.211, Florida Statutes (1987), which makes common law marriages in Florida void as of 1968, also operates to make valid out-of-state common law marriages void? Reversed and remanded with instructions. THREADGILL and ALTENBERND, JJ., concur. NOTES [1] Finch & Smeltzly, The Restatement Second and Conflict of Laws: Extending The Bishop Approach to Problems in Contracts, 16 Stet.L. Rev. 261, 261 (1987). [2] Section 741.211, Florida Statutes (1987), provides: No common law marriages 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 int...
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 43170
...rst husband. [2] Therefore, both Florida and Georgia law must be examined to determine whether a common law marriage existed. As both parties agree, Florida does not recognize the validity of common law marriages contracted in this state after 1968. § 741.211, F.S....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1989 WL 61528
...quired to establish a common law marriage in the absence of direct proof of an explicit marriage agreement. See 25 Fla. Jur.2d, Family Law, §§ 29-31, 60-64 (1981) Of course, common law marriages were abolished by statute effective January 1, 1968. § 741.211, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 272641
...at Mr. Leet bathed Joshua, played with him, and took him for car rides. Indeed, Ms. Collins left the child in Mr. Leet's sole care for the last day of the child's life. We recognize that common law marriage is no longer a viable doctrine in Florida. § 741.211, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 704215
...At a minimum, submission requires the close of all proceedings and all opportunities for the parties to make argument, which must include the authorized period in which to file exceptions. [3] As the laws of Florida do not recognize common law marriage because parties erroneously believe they are married, see § 741.211, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...ed showing the intent to create an estate of survivorship, the trial court was correct in its holding that appellant and decedent were tenants in common. The judgment appealed from is AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 741.211, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 1991, 2000 WL 232758
...Montano,
520 So.2d 52, 52-53 (Fla. 3d DCA 1988). Moreover, although Florida no longer recognizes the validity of common law marriages contracted in this state after 1968, it will respect a common law marriage validly created in a jurisdiction recognizing such marriages. See §
741.211, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15177
...I, § 27, Fla. Const.; §
741.212, Fla. Stat. (2011). Likewise, the fact that they resided together in the same residence as "a family unit for several years prior to the expiration of the relationship did not confer on the parties any special legal status. See §
741.211, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...the widow of her deceased husband, Nathan Zyontz, while she lived with the decedent. She continued to accept these benefits under the name of Zyontz even after Isaac Litzky's death. Based on this evidence, the court entered a finding that Fla. Stat. § 741.211 F.S.A....
...invalidated common-law marriages entered into after January 1, 1968 and that the wording of the statute does not indicate any legislative intention to distinguish a religious or ceremonial marriage from a common-law marriage. The court further rendered its interpretation of Section 741.211 as invalidating all marriages which are not entered into by the parties in good faith and in substantial compliance with the laws pertaining to marriage....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...During December, 1964, THOMAS E. CARTER went to Germany to see SONJA CARTER. They traveled together in Germany and Switzerland and each returned separately to the United States and began living together at 704 Zamora Avenue, Coral Gables, Florida. 3. Florida Statutes, Section 741.211 did not invalidate common law marriages entered into prior to January 1, 1968....
...While this evidence may have lacked positive statements as to words of agreement exchanged between the parties, it revealed that they reconciled and resumed cohabitation and were publicly recognized as husband and wife prior to the effective date of Florida Statutes, Section
741.211 (In re Beacher's Estate [Fla.App.]
177 So.2d at 838; Navarro Inc....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1181282
...Thus, the trial court found that Ms. Smith and the decedent were never legally married. We agree. Florida does not recognize the validity of common-law marriages contracted in Florida after 1968. Anderson v. Anderson,
577 So.2d 658, 660 (Fla. 1st DCA 1991) (citing §
741.211, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The trial court's determination that the children of Ruby Hill and the decedent are not legal heirs is hereby reversed. Affirmed in part; reversed in part. NOTES [1] It is noted that the alleged common-law marriage between the appellant and the decedent was entered into in July, 1964 before enactment of Fla. Stat. § 741.211, F.S.A....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Therefore, to demonstrate his status as head of a family at law, appellant was obliged to prove his common law marriage by establishing two essential elements: an actual, mutual agreement by the parties to marry, Jordan v. Jordan,
89 So.2d 22 (Fla. 1956); and entry into the marriage prior to January 1, 1968, Section
741.211, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4142, 2010 WL 1212794
...Rose Litzky, a/k/a Rose Zyontz, married Isaac Litzky in an Orthodox Jewish ceremony officiated by an Orthodox Rabbi and the couple was issued a "Ksuba," a Hebrew marriage certificate, by the Rabbi. Mr. Litzky died five months later and Ms. Litzky filed a notice of election to take dower. The court referenced part of section 741.211, which eliminated common law marriage and states, "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 substantial compliance with this chapter." Id....
...the following Monday. The Shelton court, while invited by Dade County to declare that ceremonial marriage without a marriage license results in a valid marriage, ruled more narrowly. In applying the "good faith and substantial compliance" test from section 741.211 first applied in Litzky, the court found that the parties acted in good faith in attempting to comply with the statute because "[b]oth of them intended to enter into a valid marriage and both assumed that the licensing procedure suggested by the clerk was valid." Id....
...of a marriage license and that the savings clause relied on by Ms. Preure was inapplicable. Therefore, the court found that there was no valid marital relationship under Oregon law. Thus, a much broader savings clause than the one that exists under section 741.211, Florida Statutes (2002), was held not to apply because an in pari materia reading of the marriage statutes demonstrated that a license was needed to be married....
...Finally, there is a provision by which the marriage may be proved in instances where the license is lost or destroyed. At every turn in Chapter 741, marriages are presupposed to have a license. To depart from the requirement to have a license re-creates common-law marriage as abolished by section 741.211....
...The legislature has clearly provided that same-sex marriages are invalid, stating that they "are not recognized for any purpose in this state." §
741.212(1), Fla. Stat. (2002). However, with regard to incestuous marriages, the statute provides that people in certain familial relationships "may not marry." §
741.211, Fla....
...rely regulatory. To the extent that the dissent would hold that a marriage ceremony without a license, coupled with living together and "acting married," results in a valid marriage, it would recreate a species of common-law marriage in violation of section 741.211, Florida Statutes (2002)....
...which undisputedly does not contain the above sentence. The Legislature's statute creates a factual question to determine whether a couple entered into a valid marriage "in good faith and in substantial compliance" with the entire statutory scheme. § 741.211, Fla....
...The majority's new statute compels a court to countenance inequitable actions. Here, Appellee's inequitable conduct has deprived Appellant of the protections accorded spouses under the law. The procedures for contracting a valid marriage in Florida are regulated by chapter 741, Florida Statutes. As stated in section 741.211, Florida Statutes, "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 as...
...ognizable marriage...." Op. at 684. This cannot be true, though, because the very statute abolishing common-law marriage allows, as Judge Thomas has pointed out, recognition of any marriage entered into "in substantial compliance with this chapter." § 741.211, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 276887
...There is no evidence in the record to support a finding that the wife has a current ability to earn that sum. Accordingly, we reverse in part and remand for further proceedings consistent with this opinion. NOTES [1] This court granted a stay of the final judgment. [2] § 741.211, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702
...The disputed provision does not use the terms “void” or “voidable,” nor does it use language that embodies the traditional definitions of these terms. Other statutes clearly identify circumstances that render a marriage void; however, such language was not used in section
744.3215(2)(a). For example, section
741.211, Florida Statutes (2016), is titled “Common-law marriages void,” and provides “[n]o common-law marriage ......
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1993 WL 130554
...or not there is a valid marriage. [2] The proceedings involve an Argentinian husband, United States wife, three dual citizen minor children, litigation in Florida and Argentina, and issues regarding the law of Argentina, Mexico, and Florida. [3] See § 741.211, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 840239
...at 14, 17. The situation was similar in In re: Estate of Dezso,
382 So.2d 399, 400-01 (Fla. 4th DCA 1980). Affirmed. NOTES [1] The doctrine of common-law marriage was abolished in Florida for common-law marriages entered into after January 1, 1968. See §
741.211, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 2256520, 2013 Fla. App. LEXIS 8296
...reached by the trial court.’ ” (quoting Town of Jupiter v. Alexander,
747 So.2d 395, 400 (Fla. 4th DCA 1998))). In Florida, no legal rights or duties flow from mere cohabitation. Posik v. Layton,
695 So.2d 759, 761 (Fla. 5th DCA 1997); see also §
741.211, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...in the light of the controlling principles of law, and have concluded that reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited and discussed, the judgment appealed is reversed. Reversed. NOTES [1] Section 741.211, Florida Statutes (1975), voided common law marriages entered into after January 1, 1968.
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...t should be noted that § 768.02, Fla. Stat., F.S.A., provides the proper parties plaintiff for an action like the present one. Affirmed. NOTES [1] Common law marriages are recognized in this state if their inception is prior to January 1, 1968. See § 741.211, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida
...Gandarilla's death, but had a common-law union. Under Florida law, the only ground upon which Ms. Espejo could serve as the representative of Mr. Gandarilla is as his spouse. See Fla. Stat. §
733.304 . While common-law marriages are not generally recognized in Florida, see Fla. Stat. §
741.211 , that limitation does not apply to marriages entered into outside of Florida, see Johnson v....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4805
the legislature in 1967 (Ch. 67-571; F.S.1967, §
741.211 F.S.A.), which provided that none such made after
CopyPublished | Florida 2nd District Court of Appeal | 2015 WL 5947198
...Likewise, the fact
that they resided together in the same residence as a family unit for several years prior
to the expiration of the relationship did not confer on the parties any special legal status.
-9-
See § 741.211, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 16342, 2001 WL 1445088
...Therefore, the trial court erred in granting partial final judgment of annulment. We therefore reverse the judgment of annulment and remand for further proceedings consistent with this opinion. BLUE, C.J., and SALCINES, J., Concur. . In 1967, the legislature added section 741.211 to the Florida Statutes, invalidating all common-law marriages entered into after January 1, 1968....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21585
...Appellant claims to have consummated a common-law marriage to the deceased in 1962 when such marriages were recognized in Florida law, Chaachou v. Chaachou,
73 So.2d 830 (Fla.1954), and that the relationship continued until Hilda died in 1978. By enactment of Section
741.211, Florida Statutes (1967), the legislature invalidated any common-law marriage entered into after January 1, 1968.
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15692
...While evidence as to whether or not petitioner and deceased considered themselves to be married after January 1, 1968, may be relevant to show state of mind after that time, the exclusion of such cumulative evidence was at best, harmless error. Affirmed. . § 741.211, Fla.Stat.
CopyPublished | Florida 1st District Court of Appeal
...under federal law, and therefore ineligible for a Florida concealed
weapon license, if it was proven that he had “cohabited with the
victim [of the battery] as a spouse.” 18 U.S.C. § 921(a)(33)(A)(ii).
Florida abolished common law marriages “after January 1, 1968.”
§ 741.211, Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14150
...tion of common law marriage in Florida, and if the parties continued to cohabit after dissolution of the prior marriage. Jones v. Jones,
119 Fla. 824 ,
161 So. 836 (1935). *337 Common law marriages were abolished in Florida effective 1 January 1968. Section
741.211, Florida Statutes....
CopyPublished | District Court of Appeal of Florida
recognize common law marriages in 1968 by enacting section
741.211, Florida Statutes (1968): No common-law
CopyPublished | Florida 3rd District Court of Appeal
...5 As such, the trial court correctly entered partial summary
5
The Appellants have relied on several cases in support of their argument
that only substantial compliance is necessary. However, the cases are
factually different. See, e.g., In re: Estate of Litzky,
296 So. 2d 638 (Fla.
3d DCA 1974) (relating to section
741.211, which invalidates common law
marriage, and where this Court stated: “We are in accord with the able
probate judge’s opinion that the law of Florida now provides for only one
kind of marriage, one which is entered into by the parties in good faith and
in substantial compliance with Chapter 741.”); Metro....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12310
...Additionally, the fact that Lydia and Ernest continued to live together and hold themselves out as husband and wife after Ernest and Ola dissolved their marriage served no purpose in establishing a common law marriage between them because in 1967, the State of Florida enacted section 741.211, Florida Statutes (1967), which abolished common law marriages as of January 1, 1968....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1820, 1985 Fla. App. LEXIS 14419
...rty would become a tenancy in common upon this court's finding that there was no valid common-law marriage and only one-half interest in the property would pass to the estate. . Common-law marriage was recognized in Florida prior to January 1, 1968. § 741.211, Fla....
CopyPublished | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 5002
...Brainard have regularly filed joint income tax returns. It was further proffered that the two individuals consider themselves to be married to one another, and have acted accordingly for the time they have been living together. Counsel for the Witness conceded that, pursuant to Florida Statutes, Section 741.211, Florida does not recognize as valid any common law marriage entered into after 1968, but argued that Ms....
...Accordingly, Florida law determines the question of who is a spouse for purposes of the applicability of the marital privilege in the above-styled proceedings. Florida recognizes no common law marriages entered into after January 1, 1968. Florida Statutes, Section 741.211....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5407
...1.440. Larrabee was not “twice put in jeopardy,” and the judgment entered after his second trial is Affirmed. PIERCE, C. J., and LILES, J., concur. . She is mistaken: common law marriages were prohibited in Florida as of January 1, 1968. Fla.Stat. 741.211, F.S.A....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 1964), and that a party
may be equitably estopped from attacking the validity of a
marriage as a defense against a dissolution action. See Lambertini
v. Lambertini,
655 So. 2d 142, 143 (Fla. 3d DCA 1995). But the
court noted that Florida law does not recognize common law
marriage. See §
741.211, Fla....
...e
Ecuadorian divorce and marriage in 1995, until Jeanette filed a
petition for dissolution of the marriage in 2020.
Jeanette does not dispute the trial court’s recognition that
common-law marriage was abolished by Florida law as of 1968.
See § 741.211, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 20831, 40 Fla. L. Weekly Fed. D 66
...It is true that in granting an annulment, Florida typically determines “the
validity of a marriage in accordance with laws of the place where the marriage
occurred.” Johnson v. Lincoln Square Props., Inc.,
571 So. 2d 541, 542 (Fla. 2d
DCA 1990) (holding that Florida Statute Section
741.211 did not serve to render
4 They argue, for example, that interpreting the statute contrary to their desires will
lead to the absurd result of preventing bisexual people who have ended their
relationship with a same-sex spouse from la...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2898, 1989 Fla. App. LEXIS 6979, 1989 WL 150078
...2 In these circumstances, the wife’s allegations are not legally sufficient to terminate the husband’s right to exclusive occupancy of the former marital home for purposes of a partition action. Accordingly, the complaint for partition was properly dismissed. AFFIRMED. SHARP, and GOSHORN, JJ., concur. . Section 741.211, Florida Statutes (1987) provides that no common law marriage entered into after January 1, 1968, shall be valid....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 13262, 2014 WL 4212771
...Constitution, must give credit to these lawful out-of-
state marriages for the purpose of dissolution. Presumably, this issue is comparable to
the question of whether, after January 1, 1968, Florida was required to give such credit
to lawful, out-of-state common law marriages. See § 741.211, Fla....
CopyPublished | Supreme Court of Florida | 1970 Fla. LEXIS 2782
abolished common law marriage. See Fla.Stat. §
741.211 (1967), F.S.A. . “If any installment of compensation
