Alabama Common Law Marriage

You’ve lived with someone for fifteen years. You must be common-law married now, right? Wrong. Common law marriage has prerequisites beyond geographic location. In Alabama, there are four aspects that come together to create a common law marriage for couples who have not legally created a civil one.

Alabama Common Law Marriage Requirements

First, you and your significant other must legally be able to marry, in terms of age, marital status, and mental capacity. Second, there must be mutual intent to be married. Each party must consider their relationship a marriage, not an engagement or courtship or the like. Third, the couple must publically recognize themselves as a married couple. Sharing a last name, “husband” and “wife” titles, filing joint income tax returns, and even Facebook relationship statuses can satisfy this demand. Lastly, consummation and cohabitation must occur, though in Alabama, there is no time limit of cohabitation to determine a common law marriage.

If you and your significant other meet these requirements, then your relationship may very well be considered valid legal marriage at least for now. This allows you to file taxes together, claim each other for benefits, and receive all other benefits and responsibilities of marriage. Your marriage is legally binding unless severed through death or divorce, and must also go through the legal division of property.

Does Alabama Recognize Common Law Marriage?

This year, the Alabama Legislature is considered two bills related to common law marriage. One would have kept the common law marriage tradition in place. The other prevents couples from entering into common law marriages in Alabama after January 1, 2017. The later won the day. So beginning on January 1, 2017, couples will not be able to enter into common law marriages; however, couples who entered into these marriages prior to that time should still be considered to be married. This can all be very confusing and difficult to understand. If you are curious about your relationship or your rights in a common law marriage, the experienced family lawyers at New Beginnings Family Law can help. Contact the office today for a consultation.

Common Issues That Come Up During Divorce

Our compassionate Alabama divorce lawyer knows that divorce can be one of the most difficult experiences a family faces, not only because of the emotional strain but also due to the practical challenges that must be addressed. Each case is unique, but there are several common issues that tend to come up during divorce. We offer many free resources on our website, so give our office a call and look around our website to learn more. Being prepared for these challenges can help make the process smoother and less overwhelming.

1. Child Custody And Parenting Time. One of the most sensitive issues involves deciding where the children will live and how much time they will spend with each parent. Courts generally prioritize the best interests of the child, but disagreements over custody and visitation schedules are common. Parents often struggle to find a balance between stability for the children and fair time with each parent.
2. Child Support. Financial support for children is another area that frequently causes conflict. Child support is usually calculated based on state guidelines that consider income, custody arrangements, and the child’s needs. Even with guidelines, disputes can arise if one parent believes the amount is unfair or if special circumstances exist, such as medical or educational expenses.
3. Division Of Property And Assets. As our Alabama divorce lawyer knows, dividing marital property can be complicated, especially if there are retirement accounts, real estate, or family-owned businesses. Couples often disagree about what qualifies as marital property versus separate property. Property division becomes even more challenging when one spouse believes the other is hiding assets or undervaluing property.
4. Spousal Support (Alimony). In some divorces, one spouse may request financial support from the other. Spousal support decisions depend on factors such as the length of the marriage, the earning ability of each spouse, and their financial needs. Questions about how much support should be paid and for how long often create tension during the divorce process.
5. Debt Division. While dividing assets is important, dividing debts is equally critical. Credit card balances, mortgages, and loans taken out during the marriage typically need to be allocated between the spouses. Arguments can develop over who is responsible for certain debts, especially if one spouse feels they were incurred unfairly or without mutual agreement.
6. Emotional Stress And Communication. Even beyond the legal issues, divorce creates emotional challenges that can impact the process. High levels of conflict, difficulty in communication, and mistrust between spouses can delay agreements and make court involvement more likely. Learning how to manage these emotions and communicate effectively is often necessary to move forward.

At New Beginnings Family Law, we understand that these common issues that come up during divorce can feel overwhelming. Our team is here to guide you through every stage, answer your questions, and help protect your future. We will provide relentless advocacy on your behalf before we ever set foot into a courtroom. If you are preparing for divorce, we encourage you to reach out to our trusted Alabama divorce lawyer today so we can walk this path with you and make sure your rights and your family are protected.