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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23976
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live with my partner in the state of Alabama. He moved

Customer Question

hello. I live with my partner in the state of Alabama. He moved me out of my home and moved me in with him at his home. I've been here since Oct 2014 and we have been living as husband an wife. Doing things that most married would, we been having some problems with his infidelity to the relationship and I don't know what to do
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. In Alabama:
“A valid common-law marriage exists in Alabama when there is capacity to enter into a marriage, present agreement of consent to be husband and wife, public recognition of the existence of the marriage, and consummation.” Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82(Ala.Civ.App. 1981), and Attorney General’s Opinion 1992-041.
If these things are present and can be shown, you could have a basis to try and divorce and good after him for support. The decision to stay and work this out or leave him, is at your discretion but if your concern is related to financial support, you may have grounds to get it, depending if you can show a common law marriage exists. Now, if this can not be shown and it was a dating relationship, then it would be a situation where either party can break it off, walk away and nothing would be owed.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!