Common Law Marriage - Alabama

The State of Alabama’s Common Law Marriage Requirements are shown below.

If you are living together, at a minimum you must have a cohabitation agreement, which you could draft yourself with easy-to-use software like that offered by Standard Legal.

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Alabama Law

The elements of a valid common-law marriage in Alabama are: (1) capacity; (2) present agreement or consent to be husband and wife; (3) public recognition of the existence of the marriage; and (4) cohabitation or mutual assumption openly of marital duties and obligations. (Alabama Supreme Court inScott v. Board of Trustees, 540 So. 2d 657 (Ala. 1988), citing Aaberg v. Aaberg, 512 So. 2d 1375, 1376 (Ala. 1987)).

For the long term, couples living together should consider a Living Will, Living Trust or simple Will. You don’t have to hire an attorney if you’re the average American. There are attorney-supervised services, such as Legal Zoom, who will prepare these more complex documents for you, and you can save up to 85% from regular attorney’s fees.

Common law marriage is still recognized in the following states and Washington D.C.:

(Click on any link to see the common law requirements for that state.)