Legal Question in Family Law in Alabama
Common Law Marriages
1. If two people lived together for 6 years, and have not lived together for over 2 years, can one party file for divorce?
2. Can a divorce case ever be re-opend to obtain alimony when none was given during the divorce case.
2 Answers from Attorneys
Re: Common Law Marriages
Time is not an element of Common Law Marriage in Alabama. If a man and women hold themselves out to the public as husband and wife, a lawful divorce is required.
Re: Common Law Marriages
There is not really enough info on the first question to reply. But if a man and woman reside together and hold themselves out as man and wife it is possible that a common law marriage may have occurred in Alabama (not in Florida for instance.) But just living together will not establish the common law marriage.
As to question #2, absent fraud, a judgment will not be reopened to award alimony unless the court has reserved jurisdiction or made a nominal award (ie $1.00/yr) in the final judgment itself.