Alabama Affidavit of Marital Status of Married Person

State:
Multi-State
Control #:
US-OG-181
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is used to declare the marital status of a married person.

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FAQ

Couples are to complete and sign before a notary public the Alabama Certificate of Marriage form, ADPH-HS50. Once the form is completed, it is to be brought to the Probate Office for recording within 30 days from the last date signed by either spouse.

The Five Basic Elements of a Common-Law Marriage Generally, there are five basic factors that are usually considered when it is necessary to determine if parties entered into a valid common-law marriage: capacity; agreement; cohabitation; holding out; and reputation.

Evidence of cohabitation may include: joint bank accounts or credit cards. joint ownership of residential property. joint residential leases. joint rental receipts. joint utilities accounts (electricity, gas, telephone) joint management of household expenditures. evidence of joint purchases, especially for household items.

Documented proof could include a written agreement signed by both parties stating that you both intend to be married. Evidence of a common law marriage could also include a signed affidavit stating that you are married.

You need to show four things. First, both you and the other person must have the legal right or "capacity to marry." Second, each person must intend to be married to the other person. Third, you both must hold yourselves out to family, friends and the community as being married.

For a valid common law marriage to exist in Alabama the following elements are present: (1) capacity; (2) present, mutual agreement to permanently enter into the marriage relationship to the exclusion of all other relationships; and (3) public recognition of the relationship as a marriage and public assumption of ...

Your personal bank should provide notary services for free, but there may be a charge for notary services at some of the other listed locations. Under Alabama law, a Notary Public is able to charge $5 for each signature that is notarized, and for each official act performed.

If you know the county of marriage, you can request a search for a fee from the probate court (Google for the name of the county + probate court). If you don't know the date or county of marriage, you can also try searching for marriage information in other records.

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Alabama Affidavit of Marital Status of Married Person