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Roger, Attorney
Category: Family Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How do you know you are in a common law marriage How do you

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How do you know you are in a common law marriage? How do you end the marriage if you have found yourself in a common law marriage and don't want to be?

Alabama is one of 16 states that still recognizes common law marriage. The requirements for a common-law marriage are: (1) capacity (mental ability to make a rational choice); (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.


If these three requirements are met, the common law marriage is valid.

Customer: replied 7 years ago.
If one of the parties is pushing that the common law marriage is legal and the other party does not agree what is the next step to be done? And what if the two parties were married but got a legal divorce in previous years?

There is no such thing as a common law divorce. Common law married people have to go through the same divorce process as folks that get married with a license from the state.


If both do not agree that they are married by common law, it is not likely that they are because the third prong is not satisfied.

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