attorney that handle common law marriage in tuscaloosa alabama

Attorney that Handle Common Law Marriage in Tuscaloosa, Alabama

Introduction

Readers,

Are you seeking legal guidance on common law marriage in Tuscaloosa, Alabama? You’ve come to the right place. This comprehensive article will provide you with a wealth of information on this topic, including the legal requirements, benefits, and challenges of common law marriage. Whether you’re considering entering into a common law marriage or are already in one, this article will empower you with knowledge to make informed decisions.

What is Common Law Marriage?

Common law marriage, also known as informal marriage, is a legal union recognized in certain states without the need for a formal marriage ceremony or license. In Alabama, common law marriages entered into before 2017 are still considered valid. Under Alabama law, a common law marriage requires the following elements:

• Cohabitation: Living together as a couple
• Consensual Union: Agreement to be married
• Holding Out to the Public: Representing oneself as a married couple

Benefits of Common Law Marriage

• Legal Recognition: Common law marriages offer similar legal protections and benefits as formal marriages, including rights to property, inheritance, and survivor benefits.
• No Formal Ceremony: Common law marriages eliminate the need for a costly or elaborate wedding ceremony, saving you time and money.
• Flexibility: Common law marriages can be dissolved more easily than formal marriages, providing greater flexibility in case the relationship ends.

Challenges of Common Law Marriage

• Lack of Recognition: Common law marriages are not recognized in all states, which can create legal complications if the couple moves or travels.
• Burden of Proof: In the event of a legal dispute, the burden of proof falls on the couple to demonstrate the existence of a common law marriage.
• Potential for Fraud: Common law marriages can be susceptible to fraud or misrepresentation, making it crucial to have evidence of the relationship.

Rights of Common Law Spouse in Alabama

• Property Division: Common law spouses have the same property rights as legally married couples, including equitable distribution of property upon separation or divorce.
• Inheritance Rights: Common law spouses inherit from their deceased partners’ estates, unless there is a valid will stating otherwise.
• Survivor Benefits: Common law spouses are entitled to survivor benefits, such as Social Security, military benefits, and employer-provided benefits.

How to Establish a Common Law Marriage in Alabama

• Cohabitate: Begin living together in a shared residence with the intent to marry.
• Hold Out to the Public: Introduce each other as married, use the same last name, and file joint tax returns.
• Document Your Relationship: Keep records of cohabitation, such as utility bills, lease agreements, and joint bank accounts.
• Seek Legal Advice: Consider consulting an attorney to assist you in establishing a legally sound common law marriage.

Table: Common Law Marriage in Alabama

Conclusion

Common law marriage in Tuscaloosa, Alabama, offers both benefits and challenges. By understanding the legal requirements and potential implications, you can make an informed decision about whether this type of union is right for you. Whether you’re seeking to establish or dissolve a common law marriage, it’s crucial to seek the guidance of an experienced attorney. Remember, our website offers a wealth of additional resources on family law and other legal topics. Explore our articles to empower yourself with knowledge and make informed decisions.

FAQ about Attorney That Handle Common Law Marriage in Tuscaloosa Alabama

1. What is a common law marriage?

Common law marriage is a type of marriage recognized by law that is created without a formal ceremony or license. It requires a couple to live together as husband and wife and hold themselves out to the public as such.

2. Do common law marriages exist in Alabama?

Yes, common law marriages have been recognized in Alabama since the 1800s.

3. What are the requirements for a common law marriage in Alabama?

To establish a common law marriage in Alabama, a couple must:

• Live together as husband and wife
• Hold themselves out to the public as such
• Have the capacity to marry (i.e., not already married to someone else)

4. How long must a couple live together to establish a common law marriage?

There is no specific time period required, but courts typically look for a period of at least six months to a year.

5. What evidence can be used to prove a common law marriage?

Evidence that can be used to prove a common law marriage includes:

• Joint bank accounts
• Shared utility bills
• Joint tax returns
• Affidavits from witnesses

6. What are the benefits of a common law marriage?

Common law marriage provides the same rights and benefits as a traditional marriage, including:

• The right to inherit property from each other
• The right to make medical decisions for each other
• Social Security benefits

7. What are the disadvantages of a common law marriage?

Common law marriages can be difficult to prove, especially if the couple later separates. They also may not be recognized in all states.

8. Can common law marriages be dissolved?

Yes, common law marriages can be dissolved through a divorce proceeding just like traditional marriages.

9. What should I do if I am considering entering into a common law marriage?

It is advisable to consult with an attorney before entering into a common law marriage. An attorney can help you understand your rights and obligations and advise you on how to protect your interests.

10. Where can I find an attorney that handles common law marriage in Tuscaloosa Alabama?

There are several attorneys in Tuscaloosa Alabama that handle common law marriage cases. You can find a list of attorneys at the Alabama State Bar website.