Legal Question in Family Law in Alabama

Common law divorce after married to another person

I was married in a county courthouse in Alabama by a judge. Several months after the marriage a former live in girlfriend of my husband filed for a common law divorce. Due to a miscommunication regarding the date of the hearing and my husband not being in attendance, the common law divorce was granted. What effect did this have on the legality of our marriage? I felt that we needed to remarry, but he has refused and we have now been separated for 2 years. Are we still married?


Asked on 8/26/02, 1:17 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Common law divorce after married to another person

I think that you would probably be deemed to be married, although an attorney would have to do some research on this. I think that you might need to file for divorce yourself. At any rate, you need to consult with an attorney in your area about this to be on the safe side.

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Answered on 8/26/02, 6:35 pm


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