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Some basic facts about Birmingham Divorce and Marital law |
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Birmingham Divorce is a part of the Alabama state law of divorce. Any divorce in Birmingham will be handled under the Alabama law only. Basically, the divorce laws in Alabama can be brought down to four key issues that need to be addressed during a divorce case:
a. The issue of Parenting after the divorce is granted.
b. A fair division of assets and liabilities of the two parties.
c. The issue of children's support for their health, education, and welfare.
d. Spousal support after the divorce has been granted.
Birmingham Divorce laws are basically quite simple. The issue of children's support expenditure is usually resolved on the basis of a simple arithmetic formula. Other than that, the divorce trial court enjoys wide discretionary powers in the matters of divorce. The higher courts are not very keen to limit those discretionary powers.
The principle of Common Law Marriage in a Birmingham Divorce case
Under the Alabama divorce law, a man and a woman do not necessarily have to go through formal marriage ceremony to be treated as a married couple. Even if the couple never spoke the words "I Do", it is immaterial to the court in a Birmingham Divorce case. The Alabama divorce law focuses on the intent of marriage, and does not rely upon the formal ceremonial gestures to constitute a valid marriage.
The basic elements necessary for a Common Law Marriage in the state of Alabama are as follows:
a. Both the spouses should be at least fourteen years of age, and having a competent mental level and capacity to understand and handle marriage.
b. There must be the existence of mutual consent to enter into a marital relationship, or a clear agreement to this effect.
c. There must be evidence of public knowledge and recognition of the existence of a marital relationship, where the two parties commonly address and introduce each other as husband and wife.
d. There has to be an existence of co-habitation of the spouses, or a common acceptance of the general duties, responsibilities and obligations expected in a marriage relationship.
The Alabama law recognizes a common law marriage as a valid marriage only when there is evidence of a mutual consent between the man and the woman to become husband and wife. And such consent be actually followed by co-habitation and living together as husband and wife. Alabama marital law does not recognize the concept of "trial marriages".
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