Nonfiction
Alabama Marriage Laws
What Creates a Legal Marriage in Alabama?
Although marriage requirements have always varied from state to state, it used to be universal that a couple wanting to get married would first obtain a marriage license. Then they would have a ceremony, at which a minister or judge and two witnesses would sign the marriage license. Finally, they would submit the completed marriage license form to the clerk of court and would be issued a marriage certificate, the official proof that the marriage was valid.
Not in Alabama. Not any more.
The first interesting thing about Alabama marriage law is that as of August 2019, Alabama no longer issues marriage licenses. Instead, couples who want to marry complete the Alabama Marriage Certificate. Once they are married they submit the completed, notarized form to the county probate court for recording. Once the court registers the document, the couple is officially married, dating back to the date that the couple signed the form (or the date that the last person signed the form, if they did not sign it at the same time).
Another unique note about Alabama's marriage laws is that there is no requirement that there be any kind of wedding or other ceremony. You can get married in your bedroom in your pajamas. However, someone licensed to solemnize Alabama marriages must be part of the process. In other words, you still need a judge, a religious official, or a someone else who is licensed to perform marriages. They can perform their job virtually, so you don't have to get dressed if you don't want to.
What are the Requirements for Marriage in Alabama?
* You must be 18 years old to get married. You may be 16 years old if you have parental consent in writing
*. Both parties must have a valid photo identification such as a driver’s license, state identification card, government or military identification card, or a passport
*. A social security number is required
* If either party was previously married and divorced, the date of the divorce will be required. If the date of the divorce was within the thirty days prior to the new application for a marriage license, a certified copy of the final divorce order will be required
*. The only waiting period for Alabama residents is that there is a 60 day waiting period to remarry after a divorce is final
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What are the Marriage Certificate Requirements in Alabama?
To complete the Marriage Certificate form, a couple must:
*. Obtain a standardized Marriage Certificate form provided by the state or by the county probate judge’s office. It is also available online. Fill it out fully, but don't sign it yet
*. Get married by whomever you have chosen, however you have chosen
*. Bring the marriage certificate form to a notary to witness the signatures
*. Deliver the original form to the County Probate Judge’s office for recording. The form must be submitted within 30 days of being signed. There is a small county fee for submitting the completed Marriage Certificate to the probate court
*. The effective date of the marriage is the date the spouses signed the Marriage Certificate form. If they signed on different dates, it is the latter date of the two signatures that determines when the marriage took place
*. Once properly completed and recorded by the probate court, the marriage is valid and the Marriate Certificate will be mailed to the parties
Non-residents of Alabama who wish to be married by a county marriage official may have to wait at least three days from the time of obtaining the blank Marriage Certificate until the marriage. This varies by county. You can contact your local county probate office to verify whether or not you will have a waiting period.
By Alabama law, marriage certificates are unrestricted. This means that a copy can be requested by anyone who can provide enough information to search for the record and can submit payment of the small fee.
Who Can Perform Marriages in Alabama?
Per the Alabama legal code, marriages may be solemnized by:
*. Any licensed "minister of the gospel in regular communion with the Christian church"
*. The pastor of any religious society, provided that the marriage is solemnized in accordance with that society's rules. This provision has opened the door to online ordination. A person can get ordained online by the 20 million member Universal Life Church in about ten minutes
*. An active or retired judge of the Alabama Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, any probate court, or any district court
*. A judge of any federal court
What Information is Required to Locate a Marriage Certificate?
The Alabama Public Health Vital Records rules specify the information needed to locate a Marriage Certificate. You need to provide as much of the following information as possible to locate it:
*. Both spouses' full names used before any first marriage by one or both of them (including the current marriage)
*. Both spouses' full names after the marriage took place
*. Date of the marriage
*. The name of the county where the Marriage Certificate was issued
*. The address where the official Marriage Certificate was mailed
Errors on a Marriage Certificate must be fixed through the county probate court that issued or recorded the Marriage Certificate. You must contact the appropriate probate office for more information.
Note that if you need to prove you are married and do not have time to request a copy of the Marriage Certificate through the probate court, you can complete an Affidavit of Marriage, in which you swear in front of a notary that you are in fact married.
When Do I Need to Contact a Lawyer?
If you have any questions about Alabama's marriage laws, it may be useful to contact an Alabama family law attorney to assist you in the process. They can provide you with guidance and can represent you in court should a legal dispute arise.