The Alabama Legislature has just passed house bill 332, which abolishes common law marriage in Alabama. The law will not effect any current common law marriages but will become effective January 1, 2017. This bill is was signed by Gov. Robert Bentley on May 3.
Read more about the bill via this link.
I was notified today of an extremely positive client review I received from a Divorce and Child Custody client on Avvo.com. The text of the review is here below:
There are three certain professions that the older you are, consumers will feel an artificial sense of comfort and confidence in that person’s ability. Those professions are: doctor, lawyer and commercial pilot. No one would want to have delicate brain surgery from recent medical school graduate, nor would they feel comfortable having their freedom fought for in court by a young public defender.
Lastly, anyone who has ever flown commercial airlines, and has witnessed the twenty-something pilot towing his bag through the terminal would just about make anyone apprehensive about flying.
My point is this; I spent over a month and a half researching for the best possible attorney to represent me in the most important event in my life, and all information pointed to Alison each and every time. I then realized that the only reason I was hesitant to retain her was that she was younger than her peers, despite her having achieved much more success in her career. I had effectively gotten caught up in the above mentioned preconceived notions, despite the data that proved otherwise.
I had my initial consultation and any doubts that I may have had, effectively disappeared. Alison projected confidence, competence and a strong moral ethic. She kept me grounded and on-course despite the defense attorney’s best efforts to wear me down with repeated trial delays. After a year and a half of unnecessary delays, we finally had our day in court. Alison was nothing short of amazing to watch in court as she single-handedly proved her case over an established defense team.
The judge awarded me everything I was seeking, and lauded Alison for being able to effectively argue such a large, complex case in only one full day session, and that she set the bar for other attorney’s to (hopefully) emulate in her court.
In closing, remember you are trusting your life in the hands of whomever attorney you choose. So, do you want to put your life in the hands of a Specialist, or a General Practitioner? Alison is a Subject Matter Expert in her specialized field of Family Law, so why would anyone select an attorney who practices in multiple different areas of law?
There are many rumors and misconceptions about common law marriage, and your rights as a common law spouse in Alabama. It is a far more complex legal issue than most people understand. If you believe yourself to be married under common law status, you might want to consider what would happen were your partner to leave, or in the case of their death. Make sure you know your family law rights when it comes to common law marriage, and you can start by reading here for some of the basics:
• If we have a child/children together we are common law married.
• We have lived together for years, and this makes us legally considered a common law married couple.
• I don’t have to get a court divorce to legally leave my partner if we are only common law married.
• Fact: You are not considered to be in a common law marriage just because you have a child together.
• Fact: Living together for a specific period of time does not qualify your relationship as a common law marriage.
• Fact: True common law marriage is as legally binding as marriages that involve church or court ceremonies, and can only be dissolved by divorce, or the death of the spouse.
• To begin with, you and your spouse must have the “capacity to marry”. “Capacity to marry” means that both you and your spouse have the legal right to marry.
• Each person in the relationship must also have the intention to become married the other person.
• And finally both persons in the relationship must declare themselves to the community, their family, and their friends as a married couple. The couple actually must consider themselves to truly BE married, and demonstrate that consideration to others.
-Just because your partner declares an intention to one day formally marry you in a future ceremony this does not make your relationship status common law marriage. In fact, if this is the only evidence for intent , it may indicate to a judge that the third criteria for common law marriage has not been met because your partner does not consider himself to already be married to you.
• You must be an adult (at least 19 years of age).
• The state of Alabama has not yet recognized same sex marriages as legal. So, as of today, in order to be legally married either by legal ceremony or common law you must be the opposite sex of the person you wish to marry.
• Both people in the relationship must be of sound mind.
• Neither party can be legally married to another person outside of the relationship. Regardless of the situation of parentage, years spent living together, or declarations of intent, if one of the members of the relationship is still legally married to an outside person a common law marriage will not be recognized.
• If you do not have the “capacity to marry” before you live together, you can become legally married under common law later if divorce from previous spouses are obtained, or the death of previous spouses occurs.
Perhaps one of the most commonly asked questions about common law marriage is how to have a relationship recognized as such in order to protect your rights after a breakup with, or the death of a spouse. Because it is so difficult to determine intent, the only way to be sure is when a judge declares your status as common law marriage. Included in some of the factors a judge will consider are the following:
Another Client Review on AVVO
Below is a client review that one of my clients left in the comments section of a blog post on my website. Client feedback is always appreciated, especially when it is this positive:
Alison is a great reputable attorney practicing in the area of family law. Alison is quick with responding and resolving any issue that may arise in a quick timely manner. Alison contacts her clients within a reasonable amount of time and speaks to you personally. I am highly satisfied with Alison’s work and have recommended and will continue to recommend Alison to anyone that may require any assistance in her area of practice.
Alison Baxter Herlihy has been recognized as one of the Top 40 Under 40 Family Law Lawyers in Alabama by the American Society of Legal Advocates.
ASLA is an invitation-only legal organization comprised of the nation’s most skilled lawyers. Its mission is to identify and help promote only the most outstanding legal talent in the country. ASLA recognizes lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards.