Unlocking the Linguistic Nuances of Common Law Marriage in Florida

It is with much sacrifice and difficulty that I offer you this analysis on the topic of common law marriage Florida and how there is a direct correlation between the evolution of language development and the legal ramifications of the dissolution of common law marriage where the terminology and use of language in the drafting of statutes and other legal documents has a profound effect on marriage formation and dissolution. Understanding the terminology of the law is an integral part of both language education and legal literacy.

The idea of common law marriage itself developed from an era where monetary considerations were not based on writing but rather based on oral understanding and acceptance of a promise to be married of the parties involved. A general discussion on common law marriage The meaning of common law marriage and its dissolution in the state of Florida is the understanding of what constitutes a common law marriage and what has made it become out of date in our period of time. So what does common law marriage entail? It is a legal contract however there is no written contract to have to produce. A common law marriage is the result of a person simply stating “I do” and agreeing to be married and acting as husband and wife would act. A common law marriage is established by the couples’ actions and does not require a formal ceremony.

In the state of Florida however, a common law marriage is not considered legal. The state considers a marriage only legal if the parties are married in a formal ceremony or if they have received a marriage license, and then have lived together as husband and wife for a certain period of time and the marriage has been proclaimed publicly. There is a Romance of the Rose element to the common law marriage.

Language Development, Syntax and Common Law Terminology

As stated earlier, there is an interrelationship between language education and the law and more specifically, the aspect of legal language education and syntax and word formation to our common law marriage concept. It has been said that as time passes, the language that we use in the law has evolved and is not the same as it was in the year 1900. New terms are developed and new terminology and new meanings and usage of words come into use that can influence the marriage formation and dissolution arena. For example:

  • What does it mean to live together? Professional language educators have studied this subject. To live together is now defined as where you may have found another person with whom you share new space and in which you devote time to, along with structural foundations such as if the two people are renting an apartment that is considered common; however I question if the idea of a common law marriage could exist within separate houses merely based on the fact that there is a pattern and habit of living together for a long time.
  • When is the right date for dissolution of a common law marriage and what are the dynamics at play?
  • Language can have a profound effect in any legal proceeding, and it is important for the parties involved to be able to comprehend the terms of the documents that are being put before them and analyze them in a research based manner.

Marriages and the foundation of marriage is part of the law as well as a part of language education so we can draw a synergy and relationship between legal education, legal terminology, and language development.

For more information on legal definitions and implications, you can visit Cornell Law School’s Legal Information Institute.