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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.
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