Common Law Divorce in Alabama

Common law marriage is recognized in Alabama and must follow the regular divorce proceedings as a legal marriage. A man and woman who have the intention of getting married can be considered married even if they never have an official ceremony, according to divorceinfo.com.

  1. Common Law Rules

    • Common law marriage regulations in the state of Alabama say that the man and woman must both be at least 14 years of age, mentally competent and call one another man and wife in public. Both parties must also take on martial duties and have the intent to be married.

    Court Ordered Divorce

    • If a couple wants to end their common law marriage in Alabama, they must go through the same legal proceeding as a traditionally married couple, according to divorceinfo.com. In order for common law spouses to get divorced in Alabama, they must obtain a court order, according to ncsl.org.

    Universal Divorce Law

    • A common law marriage that originates in Alabama is recognized as a legal marriage even in states where common law marriage does not exist. A common law marriage must still go through traditional divorce proceedings even if the couple moves out of Alabama, according to ncsl.org. All 50 states and the District of Columbia require legal divorce proceedings for common law marriage, according to ncsl.org.

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