If you are considering entering into a common-law marriage or are already married in a common-law relationship, make sure you have clear evidence to prove your status to avoid further complications. As of January 1, 2017, the state of Alabama will no longer recognize new common-law marriages. Trade unions concluded before 1 January 2017 will continue to apply. Note: Common law marriages of persons who entered into the fraternity before January 1, 2017 are still valid in the state. In addition, the state respects the marriages of people legally married outside of Alabama. Yes, common-law marriages require divorce in Alabama. Common-law marriages formed in the state before January 1, 2017 are legal and legal marriages require divorce to be resolved. There is no divorce at common law. The divorce process for a traditionally married couple is the same for married couples at common law. If you and your partner meet these requirements, your relationship can be considered a valid legal marriage, at least for now. This allows you to file tax returns together, apply to each other for benefits, and receive all the other benefits and responsibilities of marriage. Your marriage is legally binding unless it is separated by death or divorce, and must also go through the legal division of property.
In summary, valid de facto marriages are recognized by some states, but are only available in a handful of them. For example, in Alabama, there are several requirements that spouses must meet in order to establish a valid marriage under Alabama common law. Unless the common-law couple has signed an agreement, the partners are not entitled to anything after Alabama abolishes the informal spouse. As with regular contractual arrangements, individuals have rights to the elements mentioned in the contractual document. If a marriage is legally established in the state, the couple is entitled to all marriage rights in Alabama. These rights include child custody and maintenance. The change came after the Alabama Legislature passed a bill last summer that abolishes common law marriages — legally recognized associations despite the lack of an official license — in the state. Current Alabama law requires that both parties to a common-law marriage have the mental capacity to enter the Union; show that they intend to be married to each other; and present themselves as married to family, friends and the community. In other words, Alabama`s common law marriage regulations require that in order to become a married couple, partners must obtain a marriage license, ask a religious or civil officiant to perform the marriage, and sign a marriage contract.
Alabama will no longer recognize marriages entered into after January 1, 2017. Contrary to popular rumors, there is no fixed number of years a couple needs to live together – the most commonly cited number is seven years – to be considered part of a common-law marriage. Below are Alabama`s common law marriage requirements for a valid marriage: Several factors affect the existence of a common law marriage, including primarily the state`s recognition of the legitimacy of common law marriages. Unfortunately, the recognition of such marriages has declined in recent years, and few states still recognize them today. Common-law marriage can be confusing when the courts have to intervene to resolve related issues. Therefore, you will need to provide plenty of evidence that you are in a de facto marriage when related legal issues arise. The law likes clarity and marriage in common law does not always offer that. In some cases, a signed affidavit of an employee is required to recognize marriage at common law before a common-law partner is included in medicare. Employers may also want additional evidence, such as joint tax returns, a joint mortgage or lease, or other similar vehicles that provide proof. A valid marriage at common law may include the right to medical decisions for a disabled spouse, the right to a formal divorce, and the possibility of inheriting a spouse`s property. The disadvantages of de facto marriages usually occur because the union can be difficult to establish. Due to the informal nature of these marriages, it can be difficult to prove the existence of a marriage when a dispute arises.
Married common-law couples run the risk of losing property or inheritance if one of the spouses has died. Note: Alabama`s civil laws do not necessarily entitle spouses halfway through divorce. The state uses a system of equitable distribution in which the court tries to render a fair judgment.