Getting married in Alabama involves understanding a specific set of laws and regulations. This guide provides a comprehensive overview of Alabama's marriage laws, covering eligibility requirements, the marriage process, and important considerations for couples planning to wed in the Yellowhammer State.
Eligibility Requirements for Marriage in Alabama
Before you can legally marry in Alabama, you and your partner must meet several key requirements:
- Age: The minimum age to marry in Alabama is 19. Individuals under 19 may marry with parental consent. There are exceptions for those who are emancipated minors or who have been previously married.
- Relationship: Alabama prohibits marriage between close relatives (incest). The specific degrees of kinship prohibited are defined by state law.
- Capacity: Both individuals must be mentally capable of understanding the marriage contract. This means they must be of sound mind and not under duress or coercion.
- No Bigamy: Individuals cannot be legally married to another person. Bigamy is a crime in Alabama.
The Marriage Process in Alabama
Alabama's marriage process involves several steps:
- Obtain a Marriage License: You must obtain a marriage license from the Probate Judge in the county where the wedding ceremony will take place. The license is typically valid for 30 days. Specific requirements and fees vary by county, so it's essential to contact the Probate Court beforehand.
- Officiant: Your wedding ceremony must be performed by an authorized officiant. This can include judges, ministers, priests, rabbis, and other individuals legally authorized to solemnize marriages in Alabama. Be sure to verify the officiant's credentials with the Probate Court.
- Witness: While not always legally required, it's common practice to have witnesses present at the ceremony.
- Complete the License: After the ceremony, the officiant completes and signs the marriage license. This signed license is then returned to the Probate Court for recording. This officially registers your marriage within the state.
Understanding Alabama's Common-Law Marriage
While Alabama abolished common-law marriage in 2017, those couples who established a common-law marriage before January 1, 2017, are still considered legally married under Alabama law. The key elements of a common-law marriage before the abolition date were cohabitation, a public declaration of marriage, and the mutual intent to be married.
It is vital to note that establishing a common-law marriage after January 1, 2017, is not legally recognized in Alabama.
Divorce and Annulment in Alabama
Alabama also has specific laws regarding divorce and annulment. Grounds for divorce include incompatibility, adultery, and cruelty. Annulments are granted when a marriage is deemed legally invalid from its inception, such as due to fraud or duress. The process for both divorce and annulment involves legal procedures within the Alabama court system, often requiring representation by an attorney.
Important Considerations
- Pre-nuptial Agreements: Couples may consider entering into a pre-nuptial agreement to define the division of assets and property in the event of a divorce or death. It is highly recommended to seek legal counsel when drafting a pre-nuptial agreement.
- Domestic Partnerships: Alabama does not currently recognize domestic partnerships or civil unions.
This information is intended for general informational purposes only and does not constitute legal advice. For specific legal guidance regarding Alabama marriage laws, it is crucial to consult with a qualified attorney in the state of Alabama. Always verify information with official state resources, such as the Alabama Secretary of State's office and the relevant county Probate Courts.
