Legal Question in Family Law in Alabama

commom law marriage

yes i live in alabama and i was wondering if they still have common law marriage and if so how long do you have to live togther to be common law married

Asked on 10/20/00, 4:52 pm

3 Answers from Attorneys

John Poti Law Office of John M. Poti

Re: commom law marriage

Alabama is one of the few states that still has common law marriages. There is no "time limit" to establish a common law marriage. However, to establish a common law marriage you must show that (1) there is a mutual agreement to enter into a present marital relationship (2) the parties must agree that the relationship is permanent (3) both parties must be capable at law to enter into marriage (4) they must consumate the marriage by co-habitation as husband and wife or by openly assuming marital duties and obligations.

Obviously, I'd need more information on your situation in order to offer an opinion on whether your's would be a common law marriage. If you would like to call and discuss this further, you can reach me at (334) 361-3535.

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Answered on 11/15/00, 10:15 am
Walter Blocker Walter l. Blocker, III P.C.

Re: commom law marriage

generally speaking, agreement to be married, capacity to contract marriage, and consumation are the requirments to enter into a common law marriage in alabama. usually the dispute centers around the agreement. evidence to prove the agreement may be credit cards as husband and wife, statements to third parties holding each other out as husband and wife etc. call me if you wish to consult further about the situation.

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Answered on 11/19/00, 1:05 pm
Leigh Love Leigh Love

Re: commom law marriage

Yes there is common law marriage. There is no set length of time. It is more a requirement that you "hold yourselves out as husband and wife". Maintaining checking account jointly, woman using husbands last name, acquiring property with rights of survivorship, etc.

For more information call Huel Love 256-362-6670. there is no charge for consultation.

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Answered on 11/15/00, 5:51 am

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