attorney that handle common law marriage in tuscaloosa alabama

Attorney That Handle Common Law Marriage in Tuscaloosa Alabama

Introduction

Hey Readers,

Are you curious about common law marriage in Tuscaloosa, Alabama? In this comprehensive guide, we’ll take a deep dive into this unique marital status, exploring the legal implications, the role of an attorney, and the steps involved in establishing and dissolving a common law marriage. Whether you’re considering entering into a common law marriage or need legal guidance regarding an existing one, this article is your go-to resource.

Understanding Common Law Marriage

Definition and Recognition in Alabama

Common law marriage, also known as informal or non-ceremonial marriage, is a legally recognized marriage that is created without a formal ceremony or license. In Alabama, common law marriages are recognized as valid if certain criteria are met. These criteria include cohabiting as husband and wife, holding themselves out to the public as a married couple, and having an agreement to be married.

Rights and Responsibilities

Common law spouses have the same rights and responsibilities as legally married couples, including the right to inherit property, file joint tax returns, and make medical decisions for each other. However, they are also subject to the same legal obligations, such as support payments and property division in the event of a separation or divorce.

Seeking Legal Counsel for Common Law Marriage

Benefits of Hiring an Attorney

Navigating the legal complexities of common law marriage can be challenging without the guidance of an experienced attorney. An attorney can help you:

• Determine if you meet the criteria for a common law marriage under Alabama law
• Protect your rights and enforce your obligations as a common law spouse
• Draft a legal agreement to document your common law marriage
• Assist with the process of dissolving a common law marriage if necessary

Finding the Right Attorney

When choosing an attorney to handle your common law marriage matter, look for someone who:

• Has experience in family law, particularly common law marriages
• Is knowledgeable about Alabama law and legal procedures
• Is compassionate, understanding, and willing to listen to your concerns
• Offers a fair fee structure and transparent communication

Essential Steps for Establishing Common Law Marriage

Cohabitation and Public Recognition

To establish a common law marriage in Alabama, you and your partner must:

• Cohabit together in a shared residence
• Hold yourselves out to the public as a married couple, using the same last name and introducing yourselves as husband and wife
• Prove an intent to be married, either through verbal or written agreement or by living together for an extended period

Legal Considerations

It’s important to note that Alabama has a "rebuttable presumption of common law marriage" statute. This means that if you and your partner have lived together for a significant period, the court may presume that a common law marriage exists, even if you claim otherwise.

Dissolving a Common Law Marriage

Legal Process

Just like a formal marriage, a common law marriage can be dissolved through a legal process known as divorce. The process involves filing a petition with the court and going through a series of legal procedures.

Rights and Obligations

During the divorce process, the court will determine the rights and obligations of each spouse, including:

• Property division
• Alimony (spousal support)
• Child custody and support (if applicable)

Table Breakdown: Attorneys Handling Common Law Marriage in Tuscaloosa Alabama

Conclusion

Common law marriage is a complex legal matter with unique implications. Whether you’re considering establishing or dissolving a common law marriage, it’s crucial to seek the guidance of an experienced attorney. By understanding the criteria, rights, and responsibilities involved, you can navigate this legal landscape with confidence. For further reading on legal and family law topics, check out our other informative articles.

FAQ about Attorney that Handle Common Law Marriage in Tuscaloosa Alabama

What is common law marriage?

Common law marriage is a marriage that is recognized by the state without a formal ceremony or license. It is based on the mutual agreement of two people to be married, and the public recognition of that relationship as a marriage.

How do I establish a common law marriage in Alabama?

To establish a common law marriage in Alabama, you must meet the following requirements:

• You must be 18 years of age or older.
• You must not be married to anyone else.
• You must live together as husband and wife for a period of at least six months.
• You must hold yourself out to the public as being married.

How do I prove a common law marriage in Alabama?

If you need to prove a common law marriage in Alabama, you can do so by providing evidence of the following:

• A joint bank account.
• A joint mortgage or lease.
• A will or other document that refers to you as the other person’s spouse.
• Testimony from witnesses who can attest to your relationship.

What are the benefits of a common law marriage?

Common law marriages provide many of the same benefits as traditional marriages, including:

• The right to file joint tax returns.
• The right to inherit property from your spouse.
• The right to make medical decisions for your spouse.
• The right to receive spousal support in the event of a divorce.

What are the risks of a common law marriage?

Common law marriages also come with some risks, including:

• The lack of a formal ceremony or license can make it difficult to prove the marriage.
• If the relationship ends, you may not be entitled to the same rights as you would in a traditional marriage.

How can I find an attorney who handles common law marriage in Tuscaloosa?

There are a number of attorneys who handle common law marriage in Tuscaloosa. You can find an attorney by searching online or by contacting the Alabama State Bar Association.

How much does it cost to get a common law marriage annulled?

The cost of getting a common law marriage annulled will vary depending on the attorney you hire and the complexity of the case.

What are the grounds for getting a common law marriage annulled?

The grounds for getting a common law marriage annulled include:

• Fraud.
• Duress.
• Mental incapacity.
• Bigamy.

What is the difference between a common law marriage and a traditional marriage?

A common law marriage is one that is established without a formal ceremony or license and is based on the mutual agreement of two people to be married, and the public recognition of that relationship as a marriage. A traditional marriage is one that is established with a ceremony attended by witnesses and a person authorized to perform marriages (e.g., a minister, judge), and is usually required to obtain a marriage licence.

What are the rights and responsibilities of common law spouses?

Common law spouses have the same rights and responsibilities as traditional spouses, including the right to inherit property, receive spousal support in the event of a divorce, and the right to make medical decisions for your spouse.