Keith Mack
In the United States, common law marriage is recognized in a limited number of states, and Alabama is one of the few states that has recognized common-law marriages in the past. However, since January 1, 2017, common-law marriages are no longer recognized in Alabama due to a bill signed by Governor Robert Bentley in 2016. This means that couples who seek marriage must legally wed through a ceremony and provide the necessary documents to a probate court. Common-law marriages that began before January 1, 2017, are still recognized and are treated as legally binding, with the same rights and responsibilities as traditional marriages, including the need for a formal divorce to end the relationship.
| Characteristics | Values |
|---|---|
| Legality | Common-law marriage is no longer recognized in Alabama as of January 1, 2017 |
| Prerequisites | Before 2017, common-law marriage required both parties to be of sound mind, unmarried, and legally adults |
| Intention | Both parties must intend to be married, considering their relationship as such |
| Public Recognition | Couples must publicly recognize themselves as married, such as through shared names, titles, tax returns, or social media statuses |
| Consummation and Cohabitation | Consummation and cohabitation must occur, with no time limit on cohabitation |
| Dissolution | Common-law marriages can only be ended by divorce or the death of one spouse |
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What You'll Learn
Common law marriage in Alabama is no longer recognised
As of January 1, 2017, Alabama no longer recognizes new common-law marriages. However, any common-law marriages that existed before this date are still considered valid and are treated as regular marriages.
Common-law marriage is a type of legal marriage that doesn't require a ceremony, license, or registration. In Alabama, there were four prerequisites for a couple to be considered common-law married. Firstly, both parties must be legally able to marry in terms of age, marital status, and mental capacity. Secondly, there must be a mutual intent to be married, meaning each party considers their relationship a marriage rather than an engagement or courtship. Thirdly, the couple must publicly recognize themselves as a married couple, such as by sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, or changing their relationship status on social media. Lastly, consummation and cohabitation must occur, although there is no minimum time requirement for cohabitation in Alabama.
Proving a common-law marriage can be challenging, and the evidentiary standard is high. Individuals may need to provide evidence such as statements from relatives, tax filings, leases, or other documentation showing they held themselves out as married.
If a couple entered into a common-law marriage before January 1, 2017, their marriage is still valid and can only be ended by divorce or the death of one of the spouses. These marriages are legally binding and grant the same rights and responsibilities as ceremonial marriages, including the division of property, custody issues, and survivor benefits.
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Common law marriages prior to 2017 are still valid
In Alabama, common-law marriages formed before 2017 are still valid and legally binding. This means that if a couple entered into a common-law marriage prior to January 1, 2017, they are still considered married and enjoy the same rights and responsibilities as couples who are legally or ceremonially married.
To establish a common-law marriage in Alabama, several prerequisites must be met. Firstly, both parties must be legally able to marry in terms of age (above 19), marital status (not currently married to someone else), and mental capacity. Secondly, there must be a mutual intent to be married, meaning each party considers their relationship a marriage rather than an engagement or courtship. Thirdly, the couple must publicly recognize themselves as a married couple, such as by sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, or even updating their relationship status on social media platforms like Facebook. Lastly, consummation and cohabitation must occur, although there is no specified time limit for cohabitation in Alabama.
It is important to note that while common-law marriages prior to 2017 are still valid, proving the existence of such a marriage can be challenging. Courts may require various forms of evidence, such as statements from family members, tax filings, or other documentation, to establish the intent to be married and the public recognition of the marriage.
If a couple in a common-law marriage recognized by Alabama law wishes to end their relationship, they must go through the legal process of divorce, just as they would in a ceremonial marriage. Common-law marriages can only be ended by divorce or the death of one of the spouses.
While this answer focuses on Alabama, it is worth noting that common-law marriage laws vary across different states and jurisdictions, and some states may not recognize common-law marriages at all.
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Prerequisites for common law marriage
As of January 1, 2017, Alabama no longer recognizes new common-law marriages. However, couples who entered into common-law marriages before this date are still considered married and must get a divorce to legally end their relationship.
Prior to this change in the law, there were four prerequisites for a couple to be considered married under Alabama's common law:
- Legal ability to marry: Both parties must be adults (over the age of 18), of sound mind, and not married to someone else.
- Mutual intent to be married: Each person must consider their relationship a marriage, not an engagement or courtship.
- Public recognition: The couple must publicly recognize themselves as a married couple. This can include sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, or changing relationship statuses on social media.
- Consummation and cohabitation: There is no minimum time requirement for cohabitation in Alabama.
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Proving a common law marriage
In Alabama, common-law marriages formed before 1 January 2017 are considered legally binding, but couples cannot enter into new common-law marriages after this date.
To prove a common-law marriage, there are four main requirements that must be met:
- Both parties must be legally able to marry in terms of age, marital status, and mental capacity. To be considered of sound mind, one must be capable of understanding the nature of the marriage contract.
- There must be a mutual intent to be married. Both parties must consider their relationship a marriage, not an engagement or courtship.
- The couple must publicly recognise themselves as a married couple. This can be done by sharing a last name, using “husband” and “wife” titles, filing joint income tax returns, or even updating one's relationship status on social media platforms such as Facebook.
- Consummation and cohabitation must occur. There is no specified time limit for cohabitation in Alabama.
It is important to note that proving a common-law marriage can be challenging. In Alabama, common-law marriages are just as legally binding as ceremonial marriages and can only be ended by divorce or the death of one of the spouses. To inherit property or receive insurance, Social Security Survivor's Benefits, or pension benefits, one must prove their common-law marriage status. This can be done through various means, such as statements from blood relatives or by demonstrating that the couple held themselves out as married, such as by filing joint tax returns or signing a lease together.
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Ending a common law marriage
In Alabama, common law marriages are recognized and considered legally valid. However, it's important to note that as of January 1, 2017, new common law marriages cannot be formed in the state. This means that if you were in a common law marriage before this date, your union is still valid, but going forward, new common law marriages are not entered into.
If you are in a common law marriage and wish to end it, the process is similar to that of a traditional divorce. Here are the steps to follow:
Firstly, ensure that your common law marriage is recognized in Alabama. As mentioned, only common law marriages established before January 1, 2017, are valid. If your marriage began after this date, it is not legally recognized, and you would simply need to separate from your partner without any legal proceedings.
Next, gather evidence of your common law marriage. This can include documentation such as joint tax returns, joint bank accounts, or any other proof that you and your partner have held yourselves out as married. This evidence will be crucial in proving the existence of your common law marriage.
Once you have established that you are in a legally recognized common law marriage, you will need to file for divorce just as you would in a traditional marriage. This involves filing a petition for divorce with the circuit court in the county where you or your spouse resides. You will need to provide information such as the duration of your marriage, the reason for divorce, and any requests for alimony, child custody, or division of property.
After filing the petition, you will need to serve your spouse with the divorce papers. This can be done through a sheriff or a private process server. Your spouse will then have the opportunity to respond to the divorce petition. If they agree to the terms, the process can proceed relatively smoothly. However, if they dispute the terms or the existence of the common law marriage, it may lead to a contested divorce, which can be more complex and may require court hearings and negotiations.
Finally, as with any divorce, the court will issue a divorce decree that outlines the terms of the divorce, including property division, child custody, and support, and alimony (if applicable). It is important to seek legal advice and representation throughout this process to ensure that your rights and interests are protected.
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Frequently asked questions
A common-law marriage is a type of union in which a couple lives together and presents themselves as married without obtaining a marriage license or undergoing a formal ceremony.
No, Alabama does not recognize new common-law marriages as of January 1, 2017. However, common-law marriages established before this date are still considered legally valid.
There are four main requirements for a common-law marriage in Alabama: both parties must be legally able to marry (in terms of age, marital status, and mental capacity), there must be a mutual intent to be married, the couple must publicly recognize themselves as married, and consummation and cohabitation must occur.
To prove a common-law marriage in Alabama, you may need to provide evidence such as joint bank accounts, a lease in both names, a deed to jointly owned property, or an affidavit of common-law marriage.
Common-law marriages in Alabama are legally binding and are treated the same as traditional marriages for most legal purposes, including the division of property, alimony, child support, and custody. Common-law marriages can only be ended by divorce or the death of a spouse.
