AL HB331

Establishes two methods to prove common law marriage: filing a declaration with the probate office or proving all required elements (capacity, mutual agreement to marry permanently, and public recognition) by clear and convincing evidence.

Creates a rebuttable presumption that parties agreed to marry if both signed certain documents such as income tax forms or health insurance documents claiming marital status.

Requires both parties to be Alabama residents and personally appear together before the probate clerk with notarized declarations and valid proof of age and identity (certified birth certificate, REAL ID compliant ID, or national passport).

Prohibits persons under age 19 from entering into common law marriages, establishing a minimum age requirement that differs from existing case law.

Records the declaration in the probate office with a filing fee equal to standard marriage license fees, and makes recorded declarations prima facie evidence of marriage; effective January 1, 2017.