Table of Contents
Starting with the Basics
I often hear people ask if living together in Common Law Marriage Alabama automatically makes them married. The truth is, things have changed a lot in recent years. Before 2017, Alabama did allow what was called common law marriage, but the rules around it were strict and are no longer available for new couples.
Looking Back at the Law
We can see that Alabama had a long history of recognizing informal marriages. Couples who lived together, introduced themselves as married, and shared responsibilities could be considered legally married. But on January 1, 2017, this path closed when the legislature abolished new common law marriages.
Important Legal Dates You Should Know
These key dates matter for anyone wondering about their rights:
- Before December 31, 2016 – Common law marriages were valid if the elements were met.
- January 1, 2017 – Alabama stopped new common law marriages (Ala. Code § 30-1-20).
- August 29, 2019 – The marriage process changed; no license or ceremony required, just an Alabama Marriage Certificate and affidavit.
- 2022 onward – Alabama is not on the list of states that allow common law marriage.
Elements That Made It Valid Before 2017
They had to prove three things for a common law marriage to stand in court:
- Capacity to marry – Both must have been of age, not married to someone else, and mentally sound.
- Mutual agreement – Both had to intend to be married at that moment, not sometime later.
- Public recognition and cohabitation – They needed to live together and present themselves as husband and wife.
What Courts Looked For
We know that courts did not take claims lightly. Proof had to be clear and convincing evidence, which is stronger than “probably true” but not as strict as “beyond a reasonable doubt.” Judges looked closely at facts and required solid proof before accepting such claims.
Real-Life Examples of Evidence
These everyday actions could show the couple was married in the eyes of the law:
- Referring to each other as “husband” or “wife.”
- Filing joint taxes.
- Sharing the same last name.
- Holding joint bank accounts.
- Buying property or signing leases together.
- Wearing wedding rings.
- Sharing bills, chores, and family duties.
- Listing each other as beneficiaries on insurance or retirement plans.
- Having joint wills or powers of attorney.
- Even putting “married” on Facebook.
Why Proof Was So Important
I think of cases like Baker v. Townsend (1986) and Reid v. Flournoy (1992), where courts demanded strong evidence. If someone claimed to be the surviving spouse, they needed documents, witness statements, or other proof that made it “highly probable” they were legally married.
Rights of a Recognized Common Law Couple
Once proven, the marriage carried the same rights as a traditional one. Couples had equal rights in:
- Property division
- Custody of children
- Social Security spousal benefits
- Inheritance if a spouse passed away
- Medical decision-making rights
We should remember that ending it was not simple. Only divorce or death could end a common law marriage, not just breaking up.
The New Way to Marry in Alabama
After 2019, couples now use a straightforward process:
- Fill out the Alabama Marriage Certificate.
- Sign an affidavit confirming age, capacity, and consent.
- File the documents with the probate court within 30 days.
There is no license or ceremony required anymore. We can see this makes marriage easier, but also more formal than the old common law route.
Historical Roots Beyond Alabama
Historically, English common law shaped the practice. People could become married by agreement before witnesses, without a priest. These marriages were eventually phased out in England, though after World War II, some unusual cases revived the idea when chaplains conducted marriages for displaced people.
Legal Help When It Gets Complicated
If anyone is unsure about their situation, I always suggest reaching out to professionals. Legal Services Alabama offers free help at 1-866-456-4995. Another option is Summit Family Law at (256) 649-2335 for direct consultation.
Common Questions People Ask
- “If we lived together for 10 years, are we married?” – Not unless the relationship met the legal elements before 2017.
- “Can we still get common law married today?” – No, Alabama ended it. You must file a marriage certificate now.
- “Does separating end a common law marriage?” – No, only divorce or death does.
Why It Still Matters Today
These changes are important because some couples who began before 2017 may still be recognized. Their rights are the same as any other married couple. But anyone starting now must follow the modern certificate process.
Final Thoughts
We can see that common law marriage Alabama is part of the past. Couples who formed one before January 1, 2017, still hold valid marriages with all legal rights. But for everyone else, marriage now requires a simple Alabama marriage certificate process. If you are in doubt, seek legal advice so your rights and relationships are protected.
FAQs
How long do you have to live together to be common law married in Alabama?
No set time. Before 2017, couples needed mutual agreement, capacity, and public recognition as married.
When did Alabama stop common law marriage?
Alabama ended new common law marriages on January 1, 2017.
What is the new marriage law in Alabama?
Since August 29, 2019, couples file an Alabama Marriage Certificate and affidavit, no ceremony or license required.
What is required to marry someone in Alabama?
Both must be 18 or 16 with consent, mentally capable, not related, sign an affidavit, and file the marriage certificate.
References
- Alabama Code § 30-1-20 (1975) – Statute abolishing new Alabama Legislature official site effective January 1, 2017.
- Baker v. Townsend, 484 So. 2d 1097 (Ala. Civ. App. 1986).
- Reid v. Flournoy, 600 So. 2d 1024 (Ala. Civ. App. 1992).
- Watson v. Bowden, 38 So. 3d 93 (Ala. Civ. App. 2009).
- Wambles v. Coppage, 333 So. 2d 829 (Ala. Civ. App. 1976).
- M. S. B. v. State, 651 So. 2d 69 (Ala. Crim. App. 1994).
- Alabama Legislature – Act signed by Governor Robert Bentley, 2016.
- Alabama Department of Public Health – Marriage Certificate Information and Requirements.
- Legal Services Alabama – Free Legal Aid Resource (1-866-456-4995, online application).
- Summit Family Law – Consultation on Alabama Family Law (256-649-2335).
- Historical context on English common law marriages – Legal history sources discussing early recognition and post-WWII cases.
Disclaimer: This article is for informational purposes only and not legal advice. For guidance, consult a licensed attorney in Alabama.
About the Author
Liam Everett is a family law researcher and legal content strategist with expertise in marriage laws across the United States. He has written extensively on common law marriage Alabama, focusing on how historical traditions intersect with modern legal frameworks. His goal is to simplify complex legal concepts so everyday readers can understand their rights and make informed decisions.
