Cameron Miranda
As of January 1, 2017, common-law marriages are no longer legal in Alabama. Before this legislation was enacted, couples could enter into common-law marriages if they were legally eligible to marry, announced their relationship to their community, filed joint tax returns, shared a residence, and shared a joint bank account. Couples in common-law marriages could obtain an affidavit of common-law marriage, which served as legal proof of their relationship and entitled them to the same rights as couples in a customary marriage. While Alabama no longer recognizes new common-law marriages, it does recognize common-law marriages established in other states where such unions are legal, such as Kansas. For those seeking to marry in Alabama, a marriage certificate form must be completed and delivered to the probate court for recording.
| Characteristics | Values |
|---|---|
| Common-law marriages legal in Alabama? | No, not since January 1, 2017. |
| Common-law marriages from other states recognized in Alabama? | Yes, as long as they are legal in the state where they were established. |
| Requirements for a common-law marriage before January 1, 2017 | Must be legally eligible to marry, announced their relationship to their social and family circles, may file a joint tax return, share a common primary residence, may share a joint bank account, household expenses, and chores. |
| Requirements for a legal marriage in Alabama | Couples must submit a marriage certification form to the Probate Court. |
| Requirements to be legally eligible to marry in Alabama | 18 years or older, 16 years or older with a signed "Affidavit of Consent" from a parent or guardian, not related by adoption or blood. |
| Fee for recording a marriage certificate | Differs for different counties in Alabama. For example, the Autauga County Probate Court charges $45, while Jefferson County charges $84.50. |
| How to obtain a certified copy of an Alabama marriage certificate | In person at any county health department in Alabama, by mail, or online through the service provider VitalChek. |
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What You'll Learn
- Common-law marriages in Alabama are not recognised for relationships formed after 1 January 2017
- Requirements for common-law marriages before 1 January 2017
- How to obtain a marriage certificate in Alabama?
- The process for recording a marriage certificate in Alabama
- Alabama's recognition of common-law marriages from other states
Common-law marriages in Alabama are not recognised for relationships formed after 1 January 2017
Prior to this legislation, common-law marriages were recognised in Alabama as long as certain conditions were met. Couples entering into a common-law marriage had to be legally eligible to marry and publicly announce their relationship to their social and family circles. They could also file a joint tax return, share a common primary residence, and have a joint bank account. Under the old law, couples could obtain an affidavit of common-law marriage, a notarised document that served as legal proof of their relationship and granted them the same rights as those in a customary marriage.
While Alabama no longer recognises new common-law marriages, it does recognise those established in other states where such unions are legal. This means that couples from common-law-approving states, such as Kansas, can enjoy the same marital rights as those in Alabama.
To enter into a legal marriage in Alabama, couples must complete an Alabama Marriage Certificate form and submit it to the probate court for recording. This is the only document that serves as proof of marriage in the state. The form must be properly completed and delivered to the probate court within the required time frame to ensure the validity of the marriage.
Marriage records in Alabama are accessible to the public, and interested individuals can request and obtain marriage certificates by providing relevant information such as the names of the spouses, the mailing address, the timeframe of the event, and the county where it occurred. There may be recording fees associated with obtaining marriage certificates, and these fees may vary across different counties in Alabama.
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Requirements for common-law marriages before 1 January 2017
Before 1 January 2017, Alabama recognised common-law marriages, which are unions that are legally recognised without an official marriage license. To be considered a common-law marriage in Alabama, a couple had to fulfil the following requirements:
- Both parties must have the mental capacity to enter the union.
- They must show they intend to be married to each other.
- They must present themselves as married to their family, friends, and the wider community. This includes announcing their relationship to their social and family circles, and they may also file a joint tax return.
- They must be legally eligible to marry. This includes being 18 years old or older, or 16 years old or older with a signed "Affidavit of Consent" from a parent or guardian. The couple must also not be related by adoption or blood.
- They must share a common primary residence and may share a joint bank account, household expenses, and chores.
Couples who met these requirements could obtain an affidavit of common-law marriage, a notarised document that served as legal proof of their relationship and entitled them to the same rights as those in a customary marriage. It is important to note that Alabama still recognises common-law marriages established before 1 January 2017 as valid, and these marriages require a divorce to be terminated.
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How to obtain a marriage certificate in Alabama
Since 1 January 2017, common-law marriages have not been recognised in Alabama. Before this date, couples could enter into common-law marriages if they were legally eligible to marry, announced their relationship to their social and family circles, filed a joint tax return, shared a common primary residence, and shared a joint bank account, household expenses and chores. Under the old law, couples could obtain an affidavit of common-law marriage, which served as legal proof of their relationship.
To obtain a marriage certificate in Alabama, couples must complete an Alabama Marriage Certificate form and deliver it to the probate court for recording. This form should be completed by both spouses, who should provide all the requested information and mark the appropriate block as "Bride", "Groom", or "Spouse". It is important to include your Social Security Number. Once the form has been completed and recorded by the probate court, the marriage is legal.
You can obtain a certified copy of an Alabama marriage certificate in person by visiting any county health department in the state. Most marriage certificates can be issued while you wait. Alternatively, you can order a certificate online through the service provider VitalChek using a major credit or debit card, although there are additional fees for this service. Errors on a marriage certificate must be corrected through the Alabama county probate court that issued the marriage license or recorded the marriage.
Marriage records in Alabama are fully accessible to the public, and any interested public member can request and obtain marriage records. However, the requester must provide certain information, including their name, signature, mailing address, and phone number, as well as the full birth names of the married couple and the timeframe of the marriage. The recording fee may differ for different counties in Alabama.
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The process for recording a marriage certificate in Alabama
Since 2017, common-law marriages have not been recognised in Alabama. Before this, couples could enter into common-law marriages if they were legally eligible to marry, announced their relationship to their social and family circles, filed a joint tax return, shared a common primary residence, and shared a joint bank account, household expenses, and chores.
Firstly, couples must complete an Alabama Marriage Certificate form. This form must be completed by both spouses, who should provide all requested information and mark the appropriate block as "Bride", "Groom", or "Spouse". It is important to note that the social security number will not appear on certified copies of the marriage certificate. Once completed, the form must be delivered to the probate court for recording within 30 days. The probate court will then record the marriage certificate, and the marriage will be legal.
The recording fee may differ for different counties in Alabama. For example, the Autauga County Probate Court charges $45 to record a marriage certificate, while in Jefferson County, the fee is $84.50.
After the marriage has been recorded, couples may obtain a certified copy of their Alabama marriage certificate by visiting any county health department in the state. Most marriage certificates can be issued while you wait. Alternatively, couples can order a certificate online through the service provider VitalChek using a major credit or debit card, although there are additional fees for this service.
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Alabama's recognition of common-law marriages from other states
Alabama does not issue common-law marriage certificates anymore. Since 2017, couples seeking marriage in Alabama must take specific steps to become legally married. These steps include engaging in a ceremony solemnized by a minister or other qualified person and submitting appropriate marriage documents to a probate court.
However, Alabama does recognize common-law marriages established in other states where such unions are legal. This recognition is granted under the Full Faith and Credit Clause. For example, a couple from Kansas, where common-law marriages are recognized, will have their union acknowledged in Alabama.
It is important to note that Alabama only recognizes common-law marriages that were established before 2017. After January 1, 2017, common-law marriages are not considered valid in Alabama, and couples must legally marry through the prescribed process.
To obtain a marriage certificate in Alabama, you can go to any county health department in the state. Most marriage certificates can be issued while you wait, and there may be a fee involved, which varies by county. You can also order a certificate online through third-party platforms, but additional fees may apply.
If you are seeking to prove a common-law marriage that was established before 2017, you may need to provide various documents and information. These can include the place (county) where the marriage occurred, the year it was recorded, and the names of both spouses. It is recommended to consult with a lawyer to receive legal advice and guidance on proving and obtaining benefits related to a common-law marriage.
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Frequently asked questions
No, as of 1 January 2017, common-law marriages are not recognised in Alabama.
Alabama approves common-law marriages established in states where such unions are legal.
Couples must be legally eligible to marry, have announced their relationship to their social and family circles, may file a joint tax return, share a common primary residence, and may share a joint bank account, household expenses, and chores.
Prior to 2017, couples could obtain an affidavit of common-law marriage. This notarized document served as legal proof of the relationship.
The recording fee differs for different counties in Alabama. For example, the Autauga County Probate Court charges $45, while Jefferson County charges $84.50.
