Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama.  I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior 

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster,  Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.   

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama. 

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Please check out my firm's website.  My Alabama Divorce Law firm focuses our practice on divorce, child custody, child visitation, alimony and support, property division, asset protection, family law and more.  We cross the state of Alabama and regularly handle divorce and family law cases in Birmingham, Mountain Brook, Vestavia Hills, Hoover, Pelham, Leeds, Moody, Pell City, Trussville, Huntsville, Montgomery, Mobile, Tuscaloosa, Fultondale, Irondale, Homewood; and in counties like Jefferson County, St. Clair County, Madison County, Tuscaloosa County, Shelby County, Mobile County, Walker County, Jackson County, Marshall County, Limestone County, Chilton County, Bibb County, Talladega County, Montgomery County, Etowah County, Mobile County, Cullman County, Baldwin County, Winston County, Dekalb County and Cherokee County, etc. 

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Alabama Appeals Court annuls couples marriage on failure to consummate grounds.  The Alabama Appeals Court has basically ruled that to be legally married in Alabama, you must consummate that relationship, or your marriage is subject to annulment.  An annulment is declaring your marriage to be null and void, as if you were never married.  The court reasoned that an unstated intent to never consummate your marriage relationship is a fraud rendering that marriage invalid.

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Common law marriage in Alabama requires a showing of the following elements:

• Capacity
• Mutual agreement to enter a permanent marriage relationship
• Some public recognition of the relationship as a marriage
• A public assumption of marital duties and cohabitation

To establish a common law marriage, there must be clear and convincing evidence that the parties lived as husband and wife.  An important issue is whether or not the parties believed, or considered themselves to be married.  Other evidence can be used to establish a common law marriage , such as whether or not the couple shared household expenses, held joint accounts at the bank, or did they file joint tax returns.

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In order to have a valid marriage in the State of Alabama, the following conditions must be met:

• No one under the age of 14 has the capacity to contract marriage
• For any person under the age of 18 consent by a parent or guardian is required
• Both parties must be of sound mind
• Have the ability to contract marriage
• And the parties cannot be related within a prohibited degree
• Also, the Alabama Marriage Protection Act was passed in 1998 that specifies marriage is inherently a unique relationship between a man and a women.  A marriage contracted between individuals of the same sex is invalid in Alabama. ALA. CODE 30-1-19(b) (1975). The act also holds that the State of Alabama shall not recognize the marriage of parties of the same sex from other states.
• A marriage cannot exist without the mutual consent of both parties.  Since consent is lacking if a previous marriage existed, or when consent is procured by duress, a marriage is not valid when obtained under either circumstance.

Here is a link to some valuable information on the requirements for a marriage license in the State of Alabama.

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