Tuesday, July 3, 2007

Common Law Marriage and Divorce

"A friend of mine has been living with a woman for about 2 years. The relationship has soured and he wants to leave. He is afraid he will have to go through a contested divorce and she will be able to get property they acquired while they were together. I told him since they are not married that I don't think he will have to give her anything. Am I correct?"

"Alabama does recognize common law marriage, but there is no such thing as common law divorce. If they considered themselves married, then they must go through legal divorce proceedings in the event they want to separate and divide their property. Even though they must go through the divorce process, they can still agree among themselves as to the division of property. If they do this, the divorce is uncontested and does not have to go to court."

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