A couple who’ been together many years now wants counseling to marry. Are they considered common law married?
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A couple who’ been together many years now wants counseling to marry. Are they considered common law married?
The couple has been together in Alabama for years, the never married legally because the woman did not trust the man, but stayed with him. Now they want marriage counseling.
Asked on May 30, 2009 under Family Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Alabama is one of a minority of states that recognize common law marriage. It requires a showing of the following elements:
- Capacity
- Mutual agreement to enter a permanent marriage relationship
- Some public recognition of the relationship as a marriage
- A public assumption of marital duties and cohabitation
To establish a common law marriage, there must be clear and convincing evidence that the parties lived as husband and wife. An important issue is whether or not the parties believed, or considered themselves to be married. Other evidence can be used to establish a common law marriage , such as whether or not the couple shared household expenses, held joint accounts at the bank, or did they file joint tax returns.
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