Does this fall under the jurisdiction of the state? If so, where can I find the laws pertaining to common law marriages for the state of Alabama?
2007-12-27 01:34:45 · 6 answers · asked by ~♠♥CJ♥♠~ 6 in Politics & Government ➔ Law & Ethics
If you are trying to prove an existing common-law marriage, you really should contact an attorney to find out how difficult this will be (I know there are minimal requirements in Alabama, but the fact that you can CONTRACT a common-law marriage in three easy steps does not mean that PROVING it is anywhere near as easy). Especially when it comes to getting legal benefits like social security, pension, insurance, etc. Governments and insurance companies will do anything they can to avoid giving you money. Alabama requires capacity (i.e., you are of legal age, have no legal impediment to marriage, such as another marriage, and are in your right mind), consummation of the relationship (sexual intercourse), and a "present agreement" to be husband and wife. This is the hardest bit to prove, especially if no one else knew about the marriage, or if one party is now dead or incompetent or just doesn't want to admit to the marriage.
If you're wanting to get married, do it the right way and save yourself a lot of headache in the future. (Common-law marriages are on the way out, anyway-- it's only a matter of time before Alabama stops recognizing them). You should be able to get a license and get somebody to officiate and sign the certificate for under $100.00. Once that certificate is filed, you're legally married and your rights are secure.
2007-12-27 05:04:40 · answer #1 · answered by quamquamsidere 3 · 0⤊ 0⤋
Yes, it is based on the state. Some states do not recognize them.
Go to the state home page and some of the information should be there.
Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
You can get that at:
http://www.unmarried.org/common.html
2007-12-27 01:38:16 · answer #2 · answered by Yun 7 · 0⤊ 0⤋
Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
there may also be some sort of age requirement or assumption.
2007-12-27 01:40:14 · answer #3 · answered by nickipettis 7 · 0⤊ 0⤋
Among the states that allow it (most don't), the laws vary. Some you have to live together and portray yourself as married for so many years. In some, there is no limit, and just moving in and having a party where you claim you two are married is enough. So unless you two were already living together and portraying yourself as a married couple, it's very, very unlikely to happen with one in prison for life.
2016-04-11 02:58:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you can swing by the library and check out the Alabama Code or call a lawyer, most will answer a quick question without charging.
2007-12-27 01:44:55 · answer #5 · answered by gustav_e 2 · 0⤊ 0⤋
Go to the library or check local gov on line
2007-12-27 01:48:30 · answer #6 · answered by datsleather 6 · 0⤊ 0⤋