Month: May 2015

Common Law Marriage

We get a lot of questions regarding common law marriage in Alabama. Many people are confused as to what it means, or if they have entered into one (intentionally or accidentally!). Alabama does recognize common law marriages, and the Attorney General’s website outlines the requirements:

“A valid common-law marriage exists in Alabama when there is capacity to enter into a marriage, present agreement of consent to be husband and wife, public recognition of the existence of the marriage, and consummation.”  Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82
(Ala.Civ.App. 1981), and Attorney General’s Opinion 1992-041.

As with a traditional marriage, if you meet the requirements for a common law marriage, you must follow the traditional divorce process to dissolve it. It is not usually difficult, but handled slightly differently.

If you have any questions about common law marriage in Alabama, give us a call today at (251) 304-3200 or visit our website,