Common Law Marriage/Divorce

What is the name of your state? Alabama. If you live with someone for 3yrs and claim them as a spouse on your tax return and so on as a married couple, do you have to get an actual divorce if you seperate? What happens if one side doesn't and remarries?

Common law marriage is recognized in the state of Alabama, and many others. The time frame you have lived as husband and wife is not a factor. If you have refered to each other as husband and wife, have filed joint tax returns, were recognized as husband and wife in your community and had an intention of marrying, then you qualify for the common law marriage. In doing so, you must file for a legal divorce through the courts of your jurisdiction. Your state is also a No Fault divorce state. Neither of you have to show fault or specific reason for the breakdown of the marriage. If children were born of the marriage, the noncustodial parent will have to pay child support. Hope this has been helpful. Good luck.

Thanks for the response. So if we did all the things you listed it makes us legally married correct? What happens to the common law marriage if while we are seperated the other gets married to another? Is their marriage legal or void? Do we still have to get a divorce?

You lived as man and wife, you filed joint tax returns, you were married in the eyes of the laws of your state. You must divorce according to the law before either of you can remarry.

She has already married someone else in another state, is that marriage valid or annulled. Where can I find the written law on this matter so I can show and prove to her what I say is true?

The Internet has valuable resources regarding state statutes. I would suggest you research them or hire an attorney. The statutes governing common law marriages can be confusing. However, I am curious what end result you are trying to accomplish. If it is to "be right" then expect to pay a considerable price to prove it. Good Luck.

My out come answer that I'm looking for is since she has married someone else can I marry someone legally or do we have to get a divorce first and if she wanted out of her marriage that she is in now can she have it annulled becuase we didn't get a divorce?

I see you're from the deep south. You keep asking the same question, and can't seem to understand what you've been advised. Let me try to help you by re-stating what MaggieK has already told you, only at a pace you can hopefully understand.

If you did....


all the things....


MaggieK listed....


then you were....


legally married....


in your State....


You must now....


get legally divorced....


before either of you...


can legally marry....


another person.....

Well said..lol

don't think it was necessary

I can understand your frustration with the person asking the question over and over, but I don't think it was necessary to insinuate that just because he is from the "deep south" that he is slow. I've lived in Virginia, Mississippi, and Louisiana - now living in Texas - and I take it as an insult that you put it that way.

That's okay....people generally DO get insulted when the truth hits close to home.

Since you point out your background, I'll give you a bit of mine. I grew up in the Northeast, where there are MANY pre-conceived notions of the deep south. I really, truly, and honestly believed that it was not possible that the stereotypes could be true. Then, I had the great misfortune of being stationed (military family) in both Louisiana and Alabama, where I discovered that northern stereotypes were not myth, but the truth. The deep south is a cesspool of stupidity, ignorance, and hatred. Granted, there are "pockets" of civilized and educated people, but they are only "pockets".

You say we have to get a divorce but no one can show me where that is written. Every lawyer I ask says we are but can't or won't give me anything any writing or even show me in the state legislature where it is written. If we went off hear say we would all be as messed up as those living north of us with the frozen brains. My point has not been answered because no one can prove we were married. She has remarried in another state so is she really married or can she just walk out of that? I ask for proof in writing so I won't end up showing ignorance like the jerk that wants to be insulting and rude to people they don't even know.

I agree, some of the statements made were rude and uncalled for. I have lived all over this country and a few others and find stupid people everywhere, even in the North in great populations! That being said, I did suggest you research your state statutes online. You found this forum so it seems you are somewhat Internet savy. I am a paralegal and I do research, but I have to eat too and I charge for my services. All we can do on this forum is give you suggestions as to how you may solve your problem. Its up to you whether you would like to go to the trouble to do it.

So uh, duh, do you all think he was married? I am uncertain. LOL! Just kidding.


My biggest question is DID YOU FILE AS HUSBAND AND WIFE? Did you file as having the same last name??? (ie: Mr and Mrs Smith)

And as they said before, IF you did all the things previously listed, yes, you were married. Therefore, if you want to remarry, go file for divorce, because if you do not, and someone ever gets a wild hair up their butt to make trouble for you, this will do it! Go file for divorce! As proof of your marriage, provide your attorney with anything that had both of your names on it as husband and wife (tax returns, bank accounts, loan papers, etc)

Your ex wife might be suprised to find out her new marriage is quite illegal.....


As far as the Southern comments go..... if you want to make a thread about that somwhere, I'm sure all of us "stupid" southerners would love to hash it out with you, But don't muddle up this poor fellas post with the garbage.......

With that said, I'm gunna go find pa and git ready fer the barn dance this here evenin. I gots to go pluck sum chikens and feed them thar hogs too. Maybes I oughta git some of them thar collerd greens, gizzerds, fatback, and some possum fer apetizers? Yum.... Ok, gotta find pa now....

Paaaaaa............. Oh Paaaaaaaaaaaaaa.....