In Alabama, if a man and a woman intend to be married, they may be married under Alabama's laws even if they never say “I do.” The intent of the parties is what rules. No ceremony and no particular words are required to constitute a valid common-law marriage. The various elements required for a common law marriage 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."
For common-law marriage to be valid, there must be mutual consent between the parties to be husband and wife, followed by cohabitation and living together as man and wife. 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 the court stated, "There is no such thing as being a 'little bit' married." For further information, please visit your Coosa County Divorce Attorney or your Tuscaloosa County Divorce Attorney.
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