Asked in Family Law for Alabama

Q: Is there a commonlaw marriage law Alabama Lee County

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1 Lawyer Answer
  • Pelham, AL
  • Licensed in Alabama

A: Alabama DOES recognize common law marriages. The most important factor is if you held yourselves out as a married couple. In other words, if you are out on the town and are approached by a friend and you introduce your significant other as your spouse and she does not correct you, then you have "held yourselves out" as husband and wife. Of course, there are other factors to consider such as do you have joint bills, joint checking/saving accounts, do you have insurance (for example) listed in both of your names -- John and Jane Smith? The more evidence you have to show that you held yourselves out to the world as husband and wife is probably the most significant evidence you will need to prove a common law marriage. I would suggest you consulting a divorce attorney to discuss your options.

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