Common Law Marriage Requires Regular Divorce

mycasewebsites2 • March 22, 2017

Recent Events in Divorce and Family Law

If you live in Alabama, you may know someone who has a common-law husband or wife. While only a few states recognize marriages with the absence of an official license, Alabama is no longer one of them.

Before January 1, 2017, you could have avoided the ceremony, the wedding planner, and the reception by showing the following:

  1. That both you and the other person had the capacity to marry, or in other words, the legal right. This means you had attained the legal age and were mentally competent, for example.
  2. That you had intended to marry the other person — obvious as that may seem.
  3. That you also “held yourselves out” to friends, family and community members that you were to be considered husband and wife.

No Time Limit

While Alabama did not specify a minimum period during which you had to live together to be considered a married couple, courts would rely upon joint bank accounts and tax returns along with other mutual obligations if legal common-law marriage proof were necessary; common-law marriages were not usually recognized the first day that a couple moved in together.

Big Changes

That simple path to legal marriage is now over, however, because as of January 1, 2017, Alabama no longer recognizes new common-law marriages. Importantly though, marriages with the absence of an official license that began before that date are unaffected and still considered legal.

Easy Divorce?

Once you are married — with an official license or not — you cannot get what some would call a common-law divorce. Yes, you may have held out that you were married, and while you may have met the other two requirements, you cannot merely hold out that you are now divorced. A common-law marriage can only be dissolved the same way a traditional marriage would be — with a court order.

A Little More Difficult

The legal divorce process for a common-law married couple can be identical to that of a traditionally married couple with one major exception: The common-law couple first must prove to the court that they are indeed married before they will be granted a divorce.

Assistance

The common-law route may have been a relatively easy road to marriage for some, but an exit needs to be done the traditional way with the blessing of the court. If you are considering divorce — whether you are a common-law couple or if you have married conventionally — call me at 251-445-0891 or email me at ron@mcbaylaw.com. I can help.

Love is a Battlefield-VA Disability Payments in Divorce

By mycasewebsites2 • August 29, 2018
Mobile, Alabama has its fair share of military service members, veterans, and retirees. Sometimes, those folks get divorced. When they do, the military spouse’s military retirement is subject to equitable division by the Court. Either the parties agree on the division of military retirement or the Court divides it. In any event, the non-military spouse […] The post Love is a Battlefield-VA Disability Payments in Divorce appeared first on The Law Offices of Teague and McBay.

Making Up Is Hard to Do

By mycasewebsites2 • April 24, 2018
Thankfully, I’ve recently had a spate of couples who have decided to try and make their marriages work after filing a divorce. In a couple of instances, even after a great deal of fighting and legal wrangling, I’ve had clients lay down their swords and engage in reconciliation. I love it when that happens. In […] The post Making Up Is Hard to Do appeared first on The Law Offices of Teague and McBay.

What’s Different about McBay Law?

By mycasewebsites2 • September 5, 2017
I grew up watching Sesame Street. I loved Oscar and the Cookie Monster. One of my favorite regular skits was the “One of These Things is Not Like the Other.” I loved picking out the thing that was different. Of course, there were only ever four “things,” so choosing what was different was relatively easy. […] The post What’s Different about McBay Law? appeared first on The Law Offices of Teague and McBay.

Free Milk and a Cow: Common Law Marriage

By mycasewebsites2 • July 6, 2017
More than 30 years ago, the Georgia Satellites released a song about a marriage ultimatum: “Keep Your Hands to Yourself.” The lyrics document the struggle between the singer and his lover over the terms of their relationship. We don’t know how that story ends; whether the couple married or split up. The song came to […] The post Free Milk and a Cow: Common Law Marriage appeared first on The Law Offices of Teague and McBay.

Step-Parents and Custody Fights

By mycasewebsites2 • June 6, 2017
For those of you reading my blog for the first time, I am a divorce and family law attorney who is divorced, has children, has remarried, and has another child in my current, and final marriage. Confused? Don’t be. I often write from the perspective of a Dad who has children for whom I have […] The post Step-Parents and Custody Fights appeared first on The Law Offices of Teague and McBay.

Testimony in Divorce Cases: Don’t Monologue

By mycasewebsites2 • March 30, 2017
If you have children, you’ve probably seen The Incredibles. I’ve seen it a MILLION times. One of my favorite scenes is the one in which Syndrome, who has Mr. Incredible in a seemingly inescapable situation, realizes that he is monologuing. Of course, monologuing is a common theme in all sorts of hero/villain movies. The hero is […] The post Testimony in Divorce Cases: Don’t Monologue appeared first on The Law Offices of Teague and McBay.

Waiting for the End of Time: Divorce in Mobile, Alabama

By mycasewebsites2 • December 30, 2016
As a child of the seventies and eighties, I have vivid memories of hearing “Paradise by the Dashboard Light” as performed by Meatloaf on the radio. Of course, early on, I had no frame of reference for the story told in song about the heat of passion and the consequences. For those of you who’ve […] The post Waiting for the End of Time: Divorce in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.

The Effects of Cohabitation on Alimony in Alabama

By mycasewebsites2 • November 2, 2016
If you are paying or receiving alimony as part of a Divorce Order in Alabama, this one is for you. Under Alabama Law, the obligation to pay periodic alimony terminates upon the receiving party’s “cohabitation” with a member of the opposite sex. So, what does that mean? Under the case law, cohabitation is that thing […] The post The Effects of Cohabitation on Alimony in Alabama appeared first on The Law Offices of Teague and McBay.

If it can happen to Brad Pitt, it can happen to you.

By mycasewebsites2 • September 29, 2016
Unless you’ve been living under a rock, you’ve probably heard about what a mean son-of-a-bitch Brad Pitt is and that Angelina Jolie just can’t take it anymore. Multiple media outlets were eager to scoop Angelina’s side of the story about his anger management issues and how he’s a danger to the children. Lucky for Brad, […] The post If it can happen to Brad Pitt, it can happen to you. appeared first on The Law Offices of Teague and McBay.

Paying as Ordered is not Optional in Mobile, Alabama

By mycasewebsites2 • September 14, 2016
Please accept this as a public service announcement: If you are ordered to pay money in Domestic Relations Court in Mobile County, Alabama, your options are limited. You may: File a motion to alter, amend, or vacate a new Final Order; File an appeal of a Final Order to the Civil Court of Appeals in […] The post Paying as Ordered is not Optional in Mobile, Alabama appeared first on The Law Offices of Teague and McBay.
More Posts