common law marriage

[bjasonpowell]

What is the name of your state (only U.S. law)? Alabama. How long after you move in with someone are you common law married? And is there a time frame of being seperated for the marriage to be annulled?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Alabama. How long after you move in with someone are you common law married? And is there a time frame of being seperated for the marriage to be annulled?

Common Law Marriage Fact Sheet

You can't have the marriage annulled. YOu need a divorce.

 

[justalayman]

What is the name of your state (only U.S. law)? Alabama. How long after you move in with someone are you common law married? And is there a time frame of being seperated for the marriage to be annulled?

in Alabama, there are 4 requirements for a common law marriage.

1. capacity
2. an agreement to be husband and wife
3. consummation of the marriage.
4. public recognition of the marital relationship.

So, did the two of you agree to be husband and wife? Did you act as husband and wife and represent yourselves as husband and wife? If not, then there was no common law marriage. The problem is, if either party argues that the requirements were met, you may still need to file for divorce or go through the trouble of proving, in court, that there was no common law marriage.

Simply moving in with somebody does not make a common law marriage.

 

[TheGeekess]

in Alabama, there are 4 requirements for a common law marriage.

1. capacity
2. an agreement to be husband and wife
3. consummation of the marriage.
4. public recognition of the marital relationship.

So, did the two of you agree to be husband and wife? Did you act as husband and wife and represent yourselves as husband and wife? If not, then there was no common law marriage. The problem is, if either party argues that the requirements were met, you may still need to file for divorce or go through the trouble of proving, in court, that there was no common law marriage.

Simply moving in with somebody does not make a common law marriage.

OP has also been answered in the Child Custody/Visitation forum about common-law marriage in Alabama.

OP was informed:

First, you have to pass the test for common-law marriage (it's more than just 'living together').

Quote:
Is common law marriage recognized in Alabama?
Yes.

What is sufficient to constitute common law marriage in Alabama?
"A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or 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).
Alabama Attorney General - FAQs and Tips

If you are common-law married, then you have to get divorced, as if you were married in front of the judge at the courthouse.

https://forum.freeadvice.com/child-custody-visitation-37/proving-paternity-457762.html