Legal Question in Family Law in Alabama

common law marriage

I need to know what the common law marriage is in the state of Alabama?


Asked on 12/30/00, 11:02 pm

2 Answers from Attorneys

John Poti Law Office of John M. Poti

Re: common law marriage

To establish a common law marriage in Alabama, you would need to show:

1. the couple entered into a mutual agreement to enter into a present marital relationship;

2. the couple must agree the relationship is permanent;

3. both parties must be capable at law to enter into marriage;

4. the marriage is consumated by co-habitation as husband and wife, or the couple openly assumes marital duties and obligations.

I hope this helps. Please feel free to call if you have any further questions or comments. (334) 361-3535

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Answered on 1/04/01, 12:23 pm
Walter Blocker Walter l. Blocker, III P.C.

Re: common law marriage

in order to have a common law marriagein alabama there must be three elements present:

1. capacity e.g. age, mental status and others

2. agreement and consent to be husband and wife

3. consummation

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Answered on 1/04/01, 6:34 pm


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