Anaya Nolan
Alabama has outlawed common-law marriages that began after January 1, 2017, but it still recognizes those that began before this date. Common-law marriages are just as legally binding as ceremonial marriages and can only be ended by divorce or the death of one spouse. To prove a common-law marriage in Alabama, a couple must meet certain requirements, including having the legal right or capacity to marry, intending to be married, and 'holding themselves out' as married to each other in the eyes of the community. Cohabiting couples in Alabama may be surprised to learn that they are already considered married in the eyes of the law and are subject to the same laws as legally married couples in terms of divorce, spousal and child support, and division of property. While the tests for common-law marriage in Alabama can be vague, it is important to seek legal advice to understand the specific requirements and rights associated with this type of union.
| Characteristics | Values |
|---|---|
| Legal Recognition | Alabama outlawed common-law marriages after January 1, 2017. Common-law marriages that began before this date are still recognized. |
| Capacity to Marry | Both partners must be of sound mind, not already married, and over the age of 19. |
| Intent to Marry | Both partners must agree to be married and demonstrate intent through words or actions. |
| Public Perception | The couple must have "held themselves out" as married, causing family, friends, and the community to view them as married. |
| Documentation | Statements from blood relatives, filing taxes jointly as married, joint bank accounts, leases, or property deeds can help prove marriage. |
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What You'll Learn
Proving intent to marry
In Alabama, proving a common-law marriage can be difficult due to its unofficial nature. Common-law marriages that began before January 1, 2017, are still recognised, but new common-law marriages are no longer recognised.
To prove intent to marry, a couple must show that they both intended to be married to each other. This can be done through verbal or written declarations. While Alabama does not require a written document, a letter of intent is usually required for immigrants seeking a US residence visa via marriage.
In the event of a legal dispute, a court would rely on the testimony of the partners involved and supporting documents. These documents can include tax returns, joint bank statements, joint leases or mortgages, and birth certificates of children born to the couple. Additionally, statements from relatives or friends who knew about the marriage can also help prove the existence of a common-law marriage.
It is important to note that simply living together, having children together, or referring to each other as husband and wife does not automatically establish a common-law marriage. The key element is the mutual intent to be married, along with the other requirements such as being an adult, being of sound mind, and having the legal capacity to marry (not already being married).
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Legal capacity to marry
Alabama has specific requirements that must be met to prove that an individual has the legal capacity to marry.
Firstly, both parties must be legally competent to enter into a marriage. This includes being of legal age, with the minimum age requirement being 19 years old. Minors under the age of 18 require parental consent to marry. Additionally, both parties must be of sound mind, indicating a level of mental capacity and understanding of the marriage contract.
Secondly, each person must possess a valid form of identification and a social security number. A driver's license or birth certificate can serve as proof of identification. These documents are necessary when applying for a marriage license.
It is important to note that Alabama no longer recognizes common-law marriages that began after January 1, 2017. For marriages that began before this date, there are additional considerations. Both parties must not be married to someone else, as bigamy is not permitted. Additionally, the marriage must have been entered into voluntarily, without duress or undue influence.
If you are seeking to prove a common-law marriage in Alabama, it is advisable to consult a lawyer or legal aid service for personalized advice and guidance. They can help you understand the specific requirements and evidence needed to demonstrate your legal capacity to marry.
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Marriage before 2017
In Alabama, common-law marriages that began before 1 January 2017 are considered valid and are treated as regular marriages. However, proving a common-law marriage can be challenging due to the high evidentiary standards.
To establish a common-law marriage before 2017 in Alabama, four main requirements needed to be met:
- Legal Capacity to Marry: Both parties must have been legally eligible to marry, fulfilling criteria such as age (typically above 18 or 19 years old), mental capacity, and marital status (not already married).
- Mutual Intent to be Married: Each person must have intended to be married to the other. This goes beyond engagement or courtship and can be demonstrated through various forms of evidence, such as referring to each other as "husband" and "wife."
- Public Recognition: The couple must have publicly held themselves out as a married couple to their family, friends, and the community. This could be through sharing a last name, filing joint tax returns, or even social media relationship statuses.
- Consummation and Cohabitation: While Alabama does not specify a minimum duration for cohabitation, physical consummation of the marriage is required.
It's important to note that simply living together, using the same last name, or having children together does not automatically establish a common-law marriage. The combination of these factors, along with the couple's conduct and intentions, are considered when determining the existence of a common-law marriage.
If you are seeking to prove a common-law marriage in Alabama before 2017, it is advisable to consult with experienced family lawyers or legal professionals who can guide you through the process and help you understand your rights and entitlements.
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Divorce to end common-law marriage
Alabama is one of the few states that still recognizes common-law marriage. However, since January 1, 2017, Alabama has banned the recognition of new common-law marriages. Common-law marriages that began before this date will continue to be recognized.
A common-law marriage is a union between two people that is not formalized by law but is created by an agreement to marry followed by cohabitation. To prove a common-law marriage in Alabama, a person must show three elements: the legal right or "capacity to marry", the intention to be married, and public recognition of the relationship as a marriage.
If a couple has a legally recognized common-law marriage, they must get a divorce to end the relationship. The divorce proceeding will handle issues such as child custody, alimony, child support, property division, and fault. These issues are the same as those in a ceremonial marriage.
It is important to note that the tests for common-law marriage in Alabama can be vague, and it is recommended to seek legal counsel to examine the circumstances and determine if a common-law marriage exists.
If you are considering ending a common-law marriage in Alabama, it is essential to consult with a qualified legal professional to understand your rights and obligations regarding divorce proceedings.
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Providing evidence of marriage
Alabama no longer recognizes common-law marriages that began after January 1, 2017. However, common-law marriages that began before this date are still valid and can be proven with the following evidence:
To prove a common-law marriage in Alabama, a couple must meet specific requirements. Both spouses must have had the "capacity" to marry, meaning they were old enough, weren't married to someone else, and were of sound mind. They must have agreed to be married and demonstrated their intention to marry through words or actions. Additionally, they must have "held themselves out" as married, leading their community to believe they were a married couple.
To prove these requirements, couples can provide various types of evidence. This may include statements from blood relatives or adult children attesting to the marriage. Filing taxes jointly as husband and wife, and having one spouse listed as the other's spouse on social security forms, can also help strengthen the claim.
Other documents that can be used as evidence include joint bank accounts, a lease or deed in both names, indicating joint ownership of property, or a notarized statement declaring their agreement to be considered a common-law marriage. This statement can also include facts that help prove the existence of the marriage.
While cohabitation and having children together are not sufficient proof of a common-law marriage, they can be factors that a court considers when determining whether a common-law marriage exists. It's important to note that proving a common-law marriage in Alabama can be challenging due to vague tests and evidentiary standards. Seeking the advice of a qualified legal professional is recommended to help sort out the legal standing of a particular relationship.
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