Legal Question in Family Law in Alabama

Re: Am I legally married

Well, I have good news and bad news for you. The bad news is that your marriage in Idaho was not legal because he was still married. A person cannot enter into a new marriage before the prior marriage is terminated. It does not matter that you and/or your husband thought he was already divorced. Thus, the marriage you entered into in Idaho was void, and the marriage ceremony did not create a lawful marriage.

The good news is that the State of Alabama does recognize what is called a common law marriage. Thus, even though your marriage in Idaho was illegal and did not create a lawful marriage, you may have formed a common law marriage by living in Alabama as husband and wife. However, even under common law marriage your husband's divorce had to be final before a common law marriage could be created. A common law marriage requires capacity to marry, cohabitation, consummation, agreement to be married, and public recognition of the marriage. If you meet these requirements, you have a common law marriage in Alabama.

To learn more about common law marriage, read my article at http://law.suite101.com/article.cfm/what_is_a_common_law_marriage. If you and the man you are with meet the requirements outlined in the article, then you may have a common law marriage in Alabama.

Good luck, and let me know if you have any additional questions.

Bill Pfeifer