Crosson v. Crosson
Court of Civil Appeals of Alabama
668 So.2d 868 (1995)
After legally divorcing, Bruce (defendant) asked Barbara (plaintiff) to resume their relationship as husband and wife, and the couple began cohabitating, having sexual relations, filing joint tax returns, and holding themselves out publicly as married — all without Barbara's knowledge that Bruce secretly married another woman the following year; the trial court found Barbara failed to prove a common-law marriage and dismissed her divorce complaint alleging Bruce's adultery.
Whether a common-law marriage requires a showing that the parties had the capacity to mutually agree to permanently enter a marital relationship, assumed marital duties and cohabitated, and held themselves out to the public as husband and wife.