Our complete list of the 14 Alabama Code relevant to marriage. American Marriage Ministries provides a comprehensive list of laws for Alabama related to the marriage license, who can officiate weddings, and officiant registration.
The law(s) below are the relevant statutes relating to who can solemnize marriage and officiant registration in Alabama (where applicable).
(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.
(c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
(Code 1852, §§1946-1948; Code 1867, §§2335-2337; Code 1876, §§2674-2676; Code 1886, §§2311-2313; Code 1896, §§2841-2843; Code 1907, §§4881-4883; Code 1923, §§8995-8997; Code 1940, T. 34, §§6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, §1.)
Below you can read through our curated list of all Alabama laws related to marriage, weddings, officiants, and marriage licenses. If it is in any way marriage related, you will find it here.
Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2 for each marriage solemnized.
(Code 1852, §1959; Code 1867, §2348; Code 1876, §2683; Code 1886, §2321; Code 1896, §2851; Code 1907, §4891; Code 1923, §9005; Code 1940, T. 34, §18.)
If a person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the consent of a parent or guardian of the minor to the marriage shall be required. Evidence of consent shall be in the form of an affidavit signed by a parent or guardian, notarized, and filed with the probate court.
(Code 1852, §1950; Code 1867, §2339; Code 1876, §2678; Code 1886, §2315; Code 1896, §2845; Code 1907, §4885; Code 1923, §8999; Code 1940, T. 34, §10; Act 2003-150, p. 454, §1; Act 2019-340, §1.)
Any person solemnizing the rites of matrimony with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than $1,000.
(Code 1852, §1956; Code 1867, §2345; Code 1876, §4430; Code 1886, §4173; Code 1896, §5593; Code 1907, §7391; Code 1923, §4943; Code 1940, T. 34, §5.)
A person under the age of 16 years is incapable of contracting marriage.
(Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)
The judge of probate must keep a book, in which shall be registered all marriages filed in the office. The judge of probate shall record, in a permanent record, all marriages presented to the probate court and shall forward the original documentation to the Office of Vital Statistics in accordance with Section 22-9A-17.
(Code 1852, §1951; Code 1867, §2340; Code 1876, §2679; Code 1886, §2316; Code 1896, §2846; Code 1907, §4886; Code 1923, §9000; Code 1940, T. 34, §11; Act 2019-340, §1.)
(a) When the records pertaining to a marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage license was issued shall correct or perfect the same upon proper petition being filed by either party to the marriage, or someone delegated or authorized by him or her, in his or her name and behalf, giving the names and residences of the parties to the marriage, if known, and if the residence is not known, an affidavit by petitioner or petitioner's attorney that the residence is not known and that diligent effort has been made to ascertain the same, together with a clear statement setting up wherein the record of the marriage should be corrected or perfected. Notice of the time and place set for hearing the application shall be given for at least six days by personal service thereof, if the other party resides in the State of Alabama, unless both parties join in the petition, and in such case the petition may be set down for an immediate hearing. If the other party to the marriage is a nonresident or has absented himself or herself from the state for six months or longer and his or her address is known, then service may be made by sending a copy of the petition by registered or certified mail, with return receipt requested, to the address of the other party. If the address is not known, service may be made by advertisement in a newspaper published in the county where petition is filed by one weekly insertion therein. (b) The judge of probate shall, after the filing of the petition and proof of service is made, hear any competent evidence that may be offered or such as may be required by him, and if he is satisfied from the proof made that the record of marriage in his office is incorrect or incomplete, he may thereupon enter a decree correcting or perfecting the same in the manner prayed for in the petition. (c) The decree made and entered as herein provided shall be recorded in a permanent record in the office of the judge of probate and a copy thereof, certified as prescribed by law, shall be admissible evidence and prima facie proof in any court of the correctness of the facts stated therein. (d) The costs of the proceeding authorized by this section shall be taxed and paid as provided by law in other proceedings in the probate courts of this state.
(Acts 1957, No. 559, p. 778.)
In all marriages where a vital records error has been made, the parties to the marriage may file amended affidavits, forms, and data with the judge of probate. The fee for filing amended affidavits, forms, and data shall be the same as for an original filing. The amended affidavits, forms, and data shall state that they are amended and shall reference the date in which the original affidavits, forms, and data were filed. The judge of probate shall record the amended affidavits, forms, and data if agreed to by the parties and shall forward a one page decree of correction to the Office of Vital Statistics. If the parties cannot agree on the one page decree of correction, either party may file an action in circuit court to correct the error.
(Acts 1943, No. 337, p. 318; Act 2019-340, §1.)
(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within this state; by a judge of any federal court; or by an active or retired judge of probate.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register, etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of any religious society according to the rules ordained or custom established by such society. The clerk or keeper of the minutes of each society shall keep a register and enter therein a particular account of all marriages solemnized by the society, which register, or a sworn copy thereof, is presumptive evidence of the fact.
(c) Quakers, Mennonites, or other religious societies. The people called Mennonites, Quakers, or any other Christian society having similar rules or regulations, may solemnize marriage according to their forms by consent of the parties, published and declared before the congregation assembled for public worship.
(Code 1852, §§1946-1948; Code 1867, §§2335-2337; Code 1876, §§2674-2676; Code 1886, §§2311-2313; Code 1896, §§2841-2843; Code 1907, §§4881-4883; Code 1923, §§8995-8997; Code 1940, T. 34, §§6-8; Acts 1988, No. 88-551, p. 867; Act 2003-303, p. 721, §1; Act 2004-485, p. 903, §1.)
(a) The board shall by rule determine the items or information to be contained on certificates of birth, death, marriage, and divorce and on reports of fetal death and induced termination of pregnancy. Each certificate, report, and other document required by this chapter shall be in a format prescribed by the State Registrar. (b) Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the State Registrar.
(Acts 1992, No. 92-607, p. 1255, §6.)
(a) Two persons desiring to unite in marriage may do so by submitting the affidavits, forms, and data specified in Section 30-1-5 and Section 30-1-9.1 for recording with the office of the judge of probate. The recording of the affidavits, forms, and data establishes legal recognition of the marriage as of the date the affidavits and forms were properly signed by the two parties so long as the documentation was provided to the probate office within 30 days of the signatures of the parties. Each marriage filed with the probate office shall be filed and registered with the Office of Vital Statistics. (b) The office of the judge of probate shall record, in a permanent record, each marriage presented to the probate office for filing so long as the affidavits, forms, and data are submitted as required by Act 2019-340, and shall forward each marriage filed with the probate office during the preceding calendar month to the Office of Vital Statistics on or before the fifth day of the following calendar month.
(Acts 1992, No. 92-607, p. 1255, §17; Act 2019-340, §1.)
It is the duty of the judge of probate to give notice to the district attorney of all offenses under this chapter.
(Code 1852, §1960; Code 1867, §2349; Code 1876, §2684; Code 1886, §4175; Code 1896, §5595; Code 1907, §7393; Code 1923, §4945; Code 1940, T. 34, §19.)
(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act." (b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state. (c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract. (d) No marriage license shall be issued in the State of Alabama to parties of the same sex. (e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(Act 98-500, §§1, 2.)
(a) No common-law marriage may be entered into in this state on or after January 1, 2017. (b) An otherwise valid common-law marriage entered into before January 1, 2017, shall continue to be valid in this state.
(Act 2016-306, §1.)
(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the recording fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed as provided in that section. (b) The marriage document required to be executed by the parties shall contain information to identify the parties as set forth in Section 22-9A-6, as well as the following minimum information: (1) The full legal names of both of the parties. (2) A notarized affidavit from each party declaring all of the following: a. The affiant is not currently married. b.1. The affiant is at least 18 years of age; or 2. The affiant is at least 16 and under 18 years of age and has the consent of a parent or guardian. c. The affiant is legally competent to enter into a marriage. d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3. e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence. (3) The signatures of the parties. (c) A marriage conforming to the requirements of this section shall be valid on the date the marriage is executed by both parties, provided the affidavits, forms, and data are recorded in the office of the judge of probate within 30 days of the date of the last party's signature in accordance with Section 22-9A-17. (d) A civil and independent or religious ceremony of marriage, celebration of marriage, solemnization of marriage, or any other officiation, or administration of the vows of marriage may be conducted or engaged in by the parties by an officiant or other presiding person to be selected by the persons entering into the marriage. The state shall have no requirement for any ceremony or proceeding and whether or not a ceremony or proceeding is performed or not performed shall have no legal effect on the validity of the marriage. (e) The affidavits, forms, and data shall be filed in the office of the judge of probate and shall constitute a legal record of the marriage of the parties. A copy of the form provided by the Office of Vital Statistics shall be transmitted by the office of the judge of probate to the Office of Vital Statistics and made a part of its record. (f) This section shall not affect any other legal aspects of marriage in this state, including, but not limited to, divorce, spousal support, child custody, or child support. (g) All requirements to obtain a marriage license by the State of Alabama are abolished and repealed. The requirement of a ceremony of marriage to solemnize the marriage is abolished. (h) The Alabama Law Institute, a division of the Legislative Services Agency, in collaboration with the Department of Public Health, shall prepare a form to meet the minimum requirements of Act 2019-340.
(Act 2019-340, §2.)
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