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If a man and a woman intend to be married, they may be married even if they never said “I do.” The test in Alabama is the intent of the parties. No ceremony and no particular words are necessary to constitute a valid common-law marriage. Specifically, the elements required for a common law marriage in Alabama are (a) capacity (both spouses must be at least 14 and mentally competent); (b) present agreement or mutual consent to enter into the marriage relationship; (c) public recognition of the existence of the marriage (calling each other "my husband" and "my wife"); and (d) cohabitation or mutual assumption openly of marital duties and obligations."
To constitute a valid common-law marriage, there must be mutual consent between the parties to be husband and wife, followed by cohabitation and living together as man and wife.
Alabama doesn’t recognize trial marriages. As the court in one case put it, “marriage, common-law or ceremonial, is not transitory, ephemeral, or conditional, but contemplates a present, permanent status. An expression of intention to marry in the future, followed by cohabitation, does not create the common-law marital status.”
By the same token, once a couple is married at common law, their marriage does not end just because one of the spouses wishes this to be so. As one court put it, "There is no such thing as being a 'little bit' married."
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