I have lived with my boyfriend for 6 months. Are we common law married?

"A valid common law marriage exists in Alabama when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation."** 

So the four requirements for a valid common law marriage are:

1. capacity to enter into a marriage
2. present agreement or consent to be husband and wife
3. public recognition of the existence of the marriage
4. consummation
 

The court may look at the time couples are together; however, time is not one of the four requirements for a valid common law marriage to exist.  It is possible for couples to be common law married in one day if you meet the four requirements or live together for years and not be common law married. 

JDF (205) 912-8247

**See Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).