Legal Question in Family Law in Alabama

Common Law Marriage

In Alabama I am aware of ''Common Law Marriage'' being legal,but what does that mean? We have been together for 4 yrs. and have a 2 yr. old daughter.If we were to separate what would I be entitled to? Would he be able to get custody of our daughter? I have only worked off and on since our daughter was born. If you could please advise me on this matter and let me know what my options are. Thank you.

Asked on 11/16/00, 9:24 pm

2 Answers from Attorneys

John Poti Law Office of John M. Poti

Re: Common Law Marriage

You have the same rights and responsibilites in a common law marriage as you do in a ceremonial marriage where you obtain a license and have the marriage solumnized. Those rights include an equitable distribution of property and court orders pertaining to custody, support, and visitation.

If you are contemplating divorce, please seek the advice of an attorney to protect your rights. If I can be of any further help, please feel free to call me at (334) 361-3535.

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Answered on 11/27/00, 10:33 am
Leigh Love Leigh Love

Re: Common Law Marriage

There is no set length of time to establish a common law marriage. You have to simply hold yourselves out as husband and wife. Things such as children, using his last name, joint checking accounts, will establish this fact.

If you are common law married it will REQUIRE a regular divorce. There is no such thing as a "common law" divorce.

If we may be of assistance please call

Leigh Love 205-733-1131

No fee for consultation

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Answered on 11/29/00, 6:01 am

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