Legal Question in Family Law in Alabama

Re: is second marriage legal?

Marriage is a Civil contract between two parties, and like any contract each party must have the capacity to execute the contract. Regarding marriage, Capacity is addressed in three instances 1) Age of the parties. 2) Mental Capacity 3) Ability to give Mutual Consent. (i.e. not previously married)

If a person is previously married, then subsequently remarries another person without obtaining a divorce from the first marriage, then the second marriage can be attacked on the grounds that the person whom is attempting to remarry does not have the "capacity" and could not have given consent to enter into a new marriage. Therefore, the second marriage is subject to an Annulment.

However, one option that may be asserted, in the event the parties fail to have a new ceremonial marriage, is that a common law marriage exists, which would have begun from the time the first divorce was final. Refer to My Reply under message #427664409 for information regarding elements of a common law marriage.

This is not intended as specific legal advice but is provided for general

informational purposes only. The facts of your case are specific and you

should contact a licensed attorney in your state for advice on specific

questions regarding you own situation.