Legal Question in Family Law in Alabama

Re: Common Law Marriage

Common law marriage in Ala is not based solely upon the length of time that a couple is together. The real question is whether or not the couple ACTED like they were married throughout the time that they were together. Many factors must be looked at. Did they buy things jointly; did they have joint checking accounts; did they introduce each other as husband and wife. In other words, did the outside world think that they were married. If you do have a common law marriage, then you would get a divorce just like any other marriage. You need to meet with an attorney in your area.

Re: Common Law Marriage

There are three requirements for common-law

marriage in Alabama are: 1.) Capacity; 2.) Present

,mutual agreement to permanently enter the

marriage relationship to the exclusion of all

other relationships; and 3.) Consummation of

Marriage

1. Capacity, under the element of capacity

since marriage is a civil contract between two

people each party must have met certain statutory

age requirements and be of sound mental capacity

to enter into a contract or also must not already

married.

2. Present, mutual agreement to permanently enter

into the marriage relationship to the exclusion of

all others: It seems Alabama courts have

interpreted this to mean that each party must

manifest an intent to be married to each other.

However, no particular words are necessary to show

parties' present agreement to marry, and proof of

actual words of consent is not required; agreement

may be inferred from all surrounding circumstances.

3.Consummation: In order to establish that parties

consummated marriage, as required to find

existence of common law marriage, they must live

in such a way as to gain public recognition that

they are living as husband and wife.

Sexual relations between parties is not

indispensable element of cohabitation,

and evidence of such is not required to

establish common law marriage.

In Conclusion, there are no specific requirements

such as to the number of years the parties must

live together to establish a common law marriage.

The number of years parties have lived together is

only relevant to show a subjective intent of the

party asserting the existence of a marriage and is

rebuttable evidence if the opposing party can show

the objective intent of the parties was that in

fact never intended to be married. As long as

the parties 1.) have capacity to contract marriage

2.) Agree that they are married or act like people

who are married. 3.) hold themselves out as being

married to each other. A valid common-law

marriage will exist and can only be dissolved

through a divorce proceeding.

This is not intended as specific legal advice but

is provided for general informational purposes

only. The facts of your case are specific and

you should contact a licensed attorney in your

state for advice on specific questions regarding

you own situation.