Legal Question in Family Law in Alabama

Re: Commonlaw Marrage

Commonlaw Marriage in Al. is determined by the intention of the parties. There is no specific time limit on establishing a CLM. Basicly, if the parties intend to be married then they are married. In a contested situation, the court looks at how the parties held themselves out to the public. The court will look at such things as filing a joint tax return, having a joint P.O. Box, having a joint checking account, one party having the other on their health insurance as a spouse, etc. Factually, the question is did the parties hold themselves out to their friends and the public as being married. Did they introduce each other to people as "my wife" or "my husband" or did they say "my friend" or "my companion" or "my live in Partner". Whether or not they have had children together is only one of many factors and is not the most important. You can live with someone a few days and be common law married or you can live with someone 20 years and not be. It all depends on how you hold yourself out to the public. Hope this helps.