Getting married is a big deal. It’s exciting, romantic, and yes, a little complicated from a legal standpoint. Alabama has its own set of rules about who can marry, how to make it official, and what happens if something goes wrong.
You don’t need a law degree to understand this. Let’s break it all down in plain English.
What Is a Legal Marriage in Alabama?
A legal marriage in Alabama is a formal union between two people recognized by the state. It gives you and your spouse legal rights. That includes things like inheritance, shared property, medical decisions, and more.
To be legally married in Alabama, you have to follow the state’s rules. Skip a step, and your marriage might not hold up in court. Pretty important, right?
Who Can Get Married in Alabama?
Age Requirements
Here’s where things start. You must be at least 18 years old to get married on your own in Alabama. No exceptions to that rule if you’re under 16.
If you’re 16 or 17, you can still get married. But you need the written consent of at least one parent or legal guardian. That consent must be notarized and filed with the probate court.
Anyone under 16 cannot get married in Alabama. Period.
Other Basic Requirements
Both people must have a valid government-issued photo ID. A driver’s license, passport, or military ID all work. You also need to provide your Social Security number.
Neither person can already be legally married to someone else. That one might seem obvious. But you’d be surprised how often it comes up.
You also cannot marry a close family member. Marriages between parents and children, siblings, half-siblings, aunts, uncles, nieces, nephews, and first cousins are all prohibited and void under Alabama law. Alabama does allow first cousin marriages, though. That’s one area where the state differs from many others.
How to Get a Marriage License in Alabama
Okay, pause. Read this carefully. Alabama actually changed how marriage works back in 2019. It’s different from most states.
The Old System vs. The New System
Most states require you to get a marriage license before the ceremony. Alabama used to work that way too. But in 2019, the state passed a new law that changed the process completely.
Now, you fill out an Alabama Marriage Certificate form after you get married. You then file that form with your county’s probate court within 30 days. If you miss that 30-day window, the court will reject the form. You would have to start over.
This is the part most people miss. It’s backwards from what you might expect.
What the Marriage Certificate Form Includes
You’ll fill out a standard form provided by the Alabama Office of Vital Statistics. Both spouses sign it. The signatures must be notarized.
If one or both of you are between 16 and 17 years old, there’s a second page. It’s called the “Affidavit of Consent for Marriage of a Minor.” A parent or guardian must sign this section in front of a notary.
You can file the completed form at any Alabama county probate court. You don’t have to file in the county where you got married or where you live.
How Much Does It Cost?
Filing fees vary by county. As a general idea, fees typically range from $70 to $80 in most counties. Mobile County charges $73. Jefferson County (Birmingham) charges $80. Madison County (Huntsville) charges $70.
Call your local probate court first. Some counties only accept cash or money orders.
Who Can Perform a Wedding in Alabama?
Not just anyone can legally marry you. Alabama law specifies who has the authority.
Ordained ministers of recognized religious organizations can perform ceremonies. Active and retired judges, including Alabama Supreme Court justices, circuit court judges, district court judges, and federal judges, can also officiate.
Here’s something interesting. Alabama also allows self-solemnizing marriages. That means you and your partner can legally marry without an officiant at all. You just need to complete and file the proper paperwork.
The Divorce Waiting Period
Wondering about remarrying after a divorce? There’s a rule for that too.
If you were recently divorced, you must wait 60 days after the divorce is final before you can get remarried. This applies in Alabama regardless of where you plan to marry. If your divorce was finalized less than 60 days ago, bring a certified copy of the divorce decree when you file your marriage certificate.
Common Law Marriage in Alabama: A Tricky Topic
A lot of people get this wrong. Let me break it down.
Common law marriage is when a couple lives together and presents themselves as married without a formal ceremony or license. Many people assume Alabama still recognizes this. It does, but only in limited cases.
In 2016, Alabama passed a law banning new common law marriages. Starting January 1, 2017, couples can no longer establish a common law marriage in Alabama. You must formally marry through the state process.
However, if you were in a valid common law marriage before January 1, 2017, that marriage is still legally recognized. It carries the same rights and responsibilities as a formal marriage. It can only end through divorce or death.
To prove a pre-2017 common law marriage existed, a couple would need to show things like joint tax returns, shared finances, and that both partners held themselves out publicly as married.
This part can be tricky, honestly. If you think you might have a pre-2017 common law marriage, talk to a family law attorney.
Same-Sex Marriage in Alabama
Same-sex marriage became legal in Alabama following the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges. That decision made same-sex marriage the law of the land in all 50 states.
Alabama may still have older state laws on the books that conflict with federal law. But federally, same-sex couples have the same right to marry as any other couple. Same-sex marriages are fully recognized in Alabama.
Prenuptial Agreements
A prenuptial agreement, or prenup, is a legal contract signed before marriage. It spells out how property and assets would be divided if the marriage ends.
Alabama recognizes prenuptial agreements as long as they meet certain rules. Both parties must sign voluntarily. The agreement must be in writing. It can address property division and financial matters. It cannot, however, decide child custody or child support in advance. Courts handle those issues separately.
A prenup is basically insurance for your finances. You hope you never need it. But having one can prevent a lot of conflict later on.
Out-of-State and Foreign Marriages
You do not have to be an Alabama resident to get married in the state. Any two people who meet Alabama’s requirements can marry here.
What about marriages from other states? Generally, Alabama recognizes marriages that were valid in the state where they occurred. However, consult a legal professional if you have specific questions about out-of-state recognition.
Changing Your Name After Marriage
Alabama law allows either spouse to legally change their surname after marriage. You do this by presenting your marriage certificate to the right agencies.
Start with the Social Security Administration. Then update your driver’s license at the DMV. After that, update your bank accounts, credit cards, and any other official records.
You’re not required to change your name. It’s entirely your choice.
How to Report or Correct a Marriage Record
Sometimes mistakes happen on official forms. Maybe a name is misspelled or a date is wrong. Alabama law allows either spouse to petition the probate court to correct the record.
You’ll need to file a petition explaining what needs to be fixed. The court will schedule a hearing. Both parties may need to be notified, depending on the situation.
Contact your local probate court for guidance on the correction process.
Frequently Asked Questions
Do both people have to be present to file the marriage certificate in Alabama?
No. Only one spouse needs to physically bring the completed, notarized form to the probate court. Both spouses do have to sign the form, though.
Is there a waiting period after getting married before you can file the form?
No waiting period. You can file the marriage certificate form immediately after the wedding. Just make sure to do it within 30 days.
Can first cousins get married in Alabama?
Yes. Alabama allows first cousins to marry without restriction. This is different from many other states.
Does Alabama recognize marriages performed in other countries?
Generally yes, if the marriage was valid in the country where it took place. Contact the U.S. Embassy or a family law attorney if you have specific questions.
What happens if I miss the 30-day filing deadline?
The probate court will reject the form. You will need to complete a new Alabama Marriage Certificate form and file it within a fresh 30-day window.
Can I get married in Alabama if I was recently divorced?
Not right away. You must wait 60 days after your divorce becomes final before remarrying in Alabama.
Do I need to be an Alabama resident to get married here?
No. You don’t need to be a resident. Any two people who meet Alabama’s legal requirements can get married in the state.
Final Thoughts
Alabama’s marriage laws are actually pretty straightforward once you understand the basics. The biggest thing to remember is the 30-day rule. After your ceremony, file that marriage certificate form with the probate court quickly. Don’t wait.
Know the age rules, bring the right documents, and make sure neither of you has any legal barrier to getting married. Follow those steps and you should be just fine.
When in doubt, call your local county probate court. They deal with this every day and can answer your specific questions. And if your situation is complicated, a family law attorney is always a smart call.
Now you know the basics. Congratulations on the upcoming big step.
References
- Alabama Code Title 30, Chapter 1 – Marriage: https://law.justia.com/codes/alabama/title-30/chapter-1/
- Alabama Department of Public Health – Vital Records: https://www.alabamapublichealth.gov/vitalrecords/marriage-certificates.html
- Mobile County Probate Court – Alabama Marriage Act FAQ: https://benchmark.probate.mobilecountyal.gov/uploads/MarriageActFAQ.pdf
- American Marriage Ministries – Alabama Marriage Laws: https://theamm.org/marriage-laws/alabama
- Alabama Legal Help – Common Law Marriage: https://www.alabamalegalhelp.org/resource/common-law-marriage-in-alabama
