Many people believe that living together for a certain period automatically results in a common-law marriage. While this might have been true in the past, Alabama law regarding common-law marriage has changed. Understanding the current legal landscape is crucial for couples who believe they might be in a common-law marriage or are unsure of their rights.
What Is Common Law Marriage?
Common law marriage is a legal arrangement where a couple is considered married without a formal ceremony or marriage license. Historically, Alabama recognized common law marriages if certain conditions were met. However, this recognition has changed in recent years.
Alabama’s Current Law on Common Law Marriage
As of January 1, 2017, Alabama no longer recognizes new common-law marriages. According to Ala. Code § 30-1-20, common law marriages established after this date are not legally recognized in the state. However, common law marriages established before January 1, 2017, are still valid if they meet the traditional requirements.
Requirements for Common Law Marriage (Prior to 2017)
For common law marriages established before 2017 to be legally recognized in Alabama, the following conditions must have been met:
- Mutual Agreement: Both parties must have intended to be married and agreed to enter into a marital relationship.
- Cohabitation: The couple must have lived together as spouses.
- Public Representation: The couple must have presented themselves as married to friends, family, and the community.
- Legal Capacity: Both individuals must have been legally eligible to marry, meaning they were of legal age and not already married to someone else.
Misconceptions About Common Law Marriage
Many people mistakenly believe that simply living together for a certain period creates a common-law marriage. However, Alabama law has never established a specific timeframe for cohabitation as proof of marriage. The key factors are intent and public representation as a married couple.
Why Does It Matter?
Recognizing whether a common law marriage exists can have significant legal implications, especially regarding property division, inheritance rights, and spousal support. In Alabama, individuals who can prove a valid common law marriage established before 2017 have the same legal rights and responsibilities as those in traditional marriages.
Proving a Common Law Marriage
If a dispute arises regarding the existence of a common law marriage, the burden of proof falls on the party claiming the marriage. Courts typically consider:
- Joint tax returns filed as a married couple
- Shared bank accounts or property ownership
- Testimonies from friends and family
- Insurance policies listing the partner as a spouse
What Happens if You Separate?
For couples in a valid common law marriage established before 2017, separation requires a formal divorce process, just like any traditional marriage. The court will address issues such as property division, alimony, and child custody. Getting a local Shelby County divorce attorney is important to ensure they are familiar with such local laws.
Final Thoughts
While Alabama no longer recognizes new common-law marriages, couples who believe they were married under common law before 2017 may still have legal rights. Understanding the requirements and the impact of these relationships is essential for protecting your rights.
