Cecily Zamora
Common-law marriages are legally recognised in only a few US states, and Alabama is one of them. However, this recognition only applies to common-law marriages that were entered into before 1 January 2017. In Alabama, common-law marriages are considered valid marriages, and couples in such marriages have the same legal rights and responsibilities as couples in traditional ceremonial marriages. To establish a common-law marriage in Alabama, couples must meet certain requirements, such as presenting themselves as married to family, friends, and the community, and cohabiting.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes, until January 1, 2017 |
| Common law marriage requirements | Both spouses must have "held themselves out" as married to each other, lived together, and possessed the mental capacity to marry |
| Common law marriage benefits | Same legal rights and responsibilities as couples with traditional ceremonial marriages, including the right to inherit upon the death of a spouse and the right to spousal support and property division upon termination of the marriage |
| Common law marriage termination | Requires a divorce, similar to the termination of a legal "ceremonial" marriage |
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What You'll Learn
Common law marriage definition
In the United States, a common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant. Common law marriage is permitted in several U.S. states, including Alabama.
Common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that results from the couple's agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. The original concept of a "common-law" marriage is one that is considered valid by both partners but is not formally recorded with a state or religious registry or celebrated in a formal civil or religious service. The act of the couple representing themselves to others as married and organising their relationship as if they were married, means they are married.
In Alabama, a common-law marriage is a valid marriage. Couples in a valid common-law marriage have most or all of the same legal rights and responsibilities as couples who have traditional ceremonial marriages. This means that a genuine common-law marriage only ends when a spouse dies or the couple divorces.
To prove a common-law marriage in Alabama, couples must provide clear and convincing evidence. This means evidence that leaves a person with a firm conviction as to the truth of the claim after weighing all the evidence. The three elements that must be proven are:
- Mutual agreement to be married: The courts will look at the couple's conduct in relation to each other and the public to determine whether there is a mutual agreement forming a common-law marriage.
- Public recognition: This is possibly the most important element to prove to establish a common-law marriage. Public recognition may take several forms, including admitting to third persons that they are married and expressing to the general public that a marriage exists. Signing leases together, buying property together, or signing any document as husband and wife also shows public recognition.
- Cohabitation: Both spouses must live together, although there is no minimum time frame.
It is important to note that as of January 1, 2017, couples in Alabama can no longer enter into common-law marriages. However, couples who entered into these marriages prior to that date should still be considered married.
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Benefits of common law marriage
Alabama no longer recognizes common-law marriages that began after January 1, 2017. However, common-law marriages that started before this date are still valid and carry several benefits.
Firstly, common-law marriages are legally binding, just like ceremonial marriages. They can only be ended by a formal divorce or the death of one spouse. This also means that common-law spouses have the right to inherit their partner's property, as well as the ability to make medical decisions for a disabled spouse.
Secondly, common-law spouses can file taxes jointly and claim each other for benefits, including social security and survivor benefits. This can provide a stronger case for benefits compared to simply cohabiting.
Thirdly, in the case of a divorce, common-law spouses have the same rights and responsibilities as those in a traditional marriage regarding the division of property and child custody.
Lastly, common-law marriages offer flexibility for couples who, for personal or religious reasons, prefer not to have a ceremonial marriage. This allows them to enjoy the benefits of marriage without the need for a formal ceremony.
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Requirements for common law marriage
In Alabama, common-law marriages are only recognized if they began before January 1, 2017. After this date, couples cannot enter into common-law marriages.
To prove a common-law marriage in Alabama, the couple must meet certain requirements and provide "'clear and convincing evidence.'" This means that the couple must provide evidence that leaves a person with a firm conviction about the truth of the claim after weighing all the evidence.
- Public Recognition: The couple must hold themselves out as married to each other. This involves behaving in a way that leads family, friends, and the community to believe that they are married. Public recognition may include admitting to third persons that they are married and expressing their marital status to the general public. Signing leases together, buying property together, filing taxes jointly, and having joint bank accounts can also demonstrate public recognition.
- Mutual Agreement: The couple must have a mutual agreement to be married. This can be proven through written intentions or objective actions that demonstrate their consent to be considered married.
- Cohabitation: The couple must live together as husband and wife, although there is no minimum timeframe specified.
- Legal Capacity: Both parties must be legally capable of marrying. This means they must be adults (at least 19 years old), of sound mind, and not already married to someone else.
- Affidavit of Common Law Marriage: Couples can sign a notarized statement attesting to their agreement to be considered married under common law. This statement can include facts and documents that support their claim, such as joint bank accounts or property deeds.
It is important to note that simply cohabiting, having children together, or referring to each other as husband and wife may not be sufficient to prove a common-law marriage in Alabama. The courts scrutinize claims carefully and require clear evidence of the couple's intentions and mutual agreement.
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Common law marriage disputes
As of January 1, 2017, Alabama no longer recognizes new common-law marriages. However, common-law marriages established before this date are still valid. Common-law marriages in Alabama are legally binding, and as valid as ceremonial marriages. They can only be ended by divorce or the death of one of the spouses.
Common-law marriage disputes can arise when one party claims to be in a common-law marriage, but the other party denies it. In such cases, judges consider several factors to determine whether a common-law marriage existed. These include joint bank accounts, purchasing property together, signing leases together, filing taxes jointly, and presenting themselves as a married couple to family, friends, and the community.
To prove a common-law marriage in Alabama, clear and convincing evidence is required. This can include written commitments of intention to be married, as well as public recognition of the marriage. An affidavit of common-law marriage can also be signed, in which both parties consent to having their relationship considered a common-law marriage and provide supporting documents.
It is important to note that simply cohabiting or having children together is not sufficient to establish a common-law marriage in Alabama. The requirement of cohabitation should also not be confused with consummation, which refers to engaging in sexual intercourse as a married couple.
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Termination of a common law marriage
Alabama has recognised common-law marriages in the past, but this ended on 1 January 2017. Any common-law marriages entered into before this date are still considered valid and are afforded the same rights and responsibilities as couples with a ceremonial marriage.
Termination of a Common-Law Marriage in Alabama
A common-law marriage in Alabama can only be terminated by the death of one of the spouses or by divorce. If a common-law marriage breaks down and cannot be saved, divorce is the only option for legally ending the marriage.
Proving a Common-Law Marriage
If a couple in a common-law marriage decides to divorce, they must first prove that they were, in fact, in a common-law marriage. This can be done by providing clear and convincing evidence that the couple intended to be married and held themselves out to others as a married couple. This could include signing leases together, buying property together, filing taxes as a married couple, or any other public recognition of the marriage.
Legal Recourse
Even if a couple does not have a common-law marriage, they are not without legal recourse. If they have children together, both parents have the right to ask a court to make decisions about the child's paternity, custody, visitation, health insurance, and child support. If there are other legal issues, these may be resolved through Alabama's tort or contract laws. Additionally, if either partner is a victim of domestic violence or abuse, a court can issue a restraining order to protect them.
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Frequently asked questions
A common-law marriage is a marriage that is legally recognized despite the absence of an official license, a ceremony, or a marriage certificate.
Both spouses must have "held themselves out" as married to one another, meaning they behaved in a way that led their community to believe they were married. There is no minimum time frame for cohabitation, but cohabitation is essential to forming a common-law marriage.
Alabama courts require "clear and convincing evidence" to prove a common-law marriage. This can include joint bank accounts, purchasing property together, signing leases together, or any other documents that show public recognition of the marriage.
Yes, couples in a valid common-law marriage in Alabama have most or all of the same legal rights as couples in a traditional ceremonial marriage, including the right to inherit upon the death of a spouse.
No, if a couple in a common-law marriage wishes to terminate their marriage, they must obtain a traditional divorce.
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