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I live in the state of Alabam , I would like to know if I had a common law marriage can I file for a common law divorce.

Birmingham, AL |

I would also like to receive payment for a car that we jointly owned and he took with out my premission. The car has seen been sold. I would also like to know if I have the right to seek a QUDRO.

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Attorney answers 1


While I don't practice in your state, to the best of my knowledge, Common Law Marriage was banned in every state of the Union many years ago, however, if it exists, then you will be considered married if you've lived together for a certain time (usually six months or more) and you don't seek a "common law divorce" but a normal divorce. That means that you and he would be subject to the normal rules of equitable distribution as set forth in your state's laws.

Normally, if the two of you owned a car together, it constitutes marital property and you're entitled to half of the value when he left with it.

Secondly, a QDRO means a Qualified Domestic Relations Order and normally refers to savings plans like 401K and IRAs.

Good luck.