HB331 Alabama 2016 Session

Summary

Primary Sponsor

Mike Jones

Republican

Session

Regular Session 2016

Title

Family law, marriage, common law, proof, declaration and filing requirements

Summary

HB331 would add two ways to prove a common law marriage in Alabama: filing a declaration in probate court or proving the required elements with evidence, plus rules about age, residency, and filing.

What This Bill Does

It codifies the key elements needed to establish a common law marriage (capacity, present mutual intent to permanently marry, and public recognition including cohabitation). It creates a declaration method filed in the county probate office, with a form that becomes prima facie evidence of the marriage. It also creates a rebuttable presumption of an agreement to be married if both parties sign certain documents stating they are married (like tax forms or health insurance papers). The bill sets age and filing rules (no one under 19 may participate), requires residency in Alabama with both parties present to file, and establishes a recording process and fees through the probate clerk. It takes effect January 1, 2017.

Who It Affects

• Adults in Alabama who may be in or seeking recognition of a common law marriage (can prove marriage either by declaration or by evidence of required elements).
• Minors under 19 years old (cannot enter a common law marriage or file a declaration).
• Alabama residents who file a declaration in the county probate office, and the probate clerks and the Office of Vital Statistics involved in recording and tracking declarations.
• People who sign documents (e.g., tax forms or health insurance) that could trigger the presumptive agreement to be married.

Key Provisions

• Two methods to prove common law marriage: (1) a signed and recorded declaration, or (2) clear and convincing evidence of capacity, present mutual agreement to permanently marry, and public recognition with cohabitation.
• Declaration of common law marriage must be filed in the county probate office by both parties who are Alabama residents; both must be present and show proof of age and identity; the declaration form specifies required information and includes an oath.
• Notarization and identity verification are required; providing false identity documents is a Class A misdemeanor.
• If recorded, the declaration is prima facie evidence of the marriage and the county probate clerk records it, returns originals to the parties, and sends a copy to the Office of Vital Statistics; recording fees are the same as for a marriage license.
• A rebuttable presumption of an agreement to be married exists if both parties sign certain documents stating they are married (e.g., tax forms, health insurance documents).
• A person under 19 may not be a party to a common law marriage or execute a declaration; a person may not be party to a common law marriage if already married to someone else.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law