Alabama Common Law Spouse or Marriage Declaration or Affidavit is a legal document that serves as proof of a common law marriage in the state of Alabama. Common law marriage refers to a relationship where a couple lives together and presents themselves as married, without obtaining a formal marriage license or having a marriage ceremony. The state of Alabama recognizes common law marriages under certain conditions. In order to establish a common law marriage in Alabama, couples need to meet specific criteria. They must cohabit, meaning they live together as a couple, and they must possess the intent to be married. This intent is important and is typically demonstrated by the couple presenting themselves as married to family, friends, and the community. Additionally, the couple must have the legal capacity to marry, meaning they are of age and are not already married to someone else. Alabama recognizes two types of declaratory or affidavit forms to establish a common law marriage: 1. Alabama Common Law Spouse Declaration or Affidavit: This form is used when a couple wishes to declare their common law marriage voluntarily. Both parties must sign the affidavit, declaring that they have been living together in a common law marriage while meeting all the requirements mentioned above. This declaration comes with legal consequences, including rights and obligations associated with a formal marriage. 2. Alabama Marriage Declaration or Affidavit: This form is used when a couple wants to formalize their common law marriage or declare their intent to be married in the future. It serves as official documentation of their intention to be legally recognized as spouses. This affidavit demonstrates the couple's commitment and may be useful in legal matters, such as property rights, insurance, or inheritance disputes. When completing the declaration or affidavit forms, it is crucial to provide accurate and relevant information. This typically includes the full name, address, birthdates, and Social Security numbers of both parties, and the date when the common law marriage began. Witnesses may also be required to sign the form, confirming the couple's relationship and intent to be married. It is important to note that while Alabama recognizes common law marriages contracted within the state, it does not recognize common law marriages established in other states or jurisdictions. Therefore, it is crucial to consult with a legal professional or obtain the necessary information from the Alabama Department of Public Health to ensure compliance with the specific requirements and processes for establishing a common law marriage in Alabama.