Once a common law marriage has been established its a regular divorce process. If it's uncontested, you can easily establish a common law marriage. If you are concerned that your spouse will deny that there is a common law marriage, I would recommend talking with an attorney. If you would like, please call my office 205 690 5805.
The Alabama Supreme Court has established in law there is a presumption against Common Law Marriage. However, people become common law married each day in the state of Alabama. The establishment of common law marriage is based upon the facts of the relationship. Even though parties live together this in and of itself does not establish common law marriage, even though parties execute an affidavit of common law marriage this in and of itself does not establish common law marriage. If you have further questions contact me at 205-435-2369.
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