Q: Is common law marriage recognized in the state of alabama?
I was never married to this person but I am actually married now with another person. if common law was recognized wouldn't it show up in the system when i got married to my current husband? before I married my husband I had a divorce decree drawn up to be signed and we did but it was filed but never signed by a judge so it was dismissed. would this hurt my current 4 yr marriage?
A: Common law marriages ARE recognized in the State of Alabama. However, because there is no actual ceremony one would go through to be "common law married," there is no record of the marriage. In order to establish a common law marriage, you would actually have to file a complaint with the Court in the county which you would have separated in which you would allege a common law marriage. At that point, you would have to gather evidence and possibly witnesses to eventually appear before the Court to prove a common law marriage existed. Once the Court decided if there was a common law marriage, they would then divorce you and determine an equitable distribution of property, assets and, if children were involved, custody. It does not sound like you would have anything to worry about. However, if you are concerned there may be a problem, feel free to give me a call. I would be happy to discuss your concerns with you.
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