Proof of Marriage.—There are various methods of proving the existence of a marriage.
Where the parties live together ostensibly as husband and wife, demeaning themselves toward each other as such, and are received into society and treated by their friends and relations as having and being entitled to that status, the law will, in favour of morality and decency, presume that they have been legally married. This is the rule accepted with but slight qualifications in all of the States. The cohabitation of the parties coupled with the general reputation of being husband and wife is, however, at the best prima facie evidence sufficient for the purposes of a civil suit. In criminal prosecutions for adultery or bigamy, marriage is a necessary ingredient of the offence, and must be directly established.
Proof of Marriages Abroad.—In the absence of special statutes requiring a marriage abroad, or in another State to be proven in a particular manner, a foreign marriage can only be established by authenticated copies of the original records, or by proving as a matter of fact what the legal requirements for marriage are in the other country or State, together with proof that such requirements have been complied with. Of course, it is always necessary to identify the parties to any record.
Consanguinity and Affinity.—By an Act of Congress applicable to all the Territories marriage within and not including the fourth degree of consanguinity computed according to the civil law is forbidden. This is with but slight variation the rule adopted by each of the States.
Sources of Law.—The laws of marriage in the several States and Territories originate from the law on that subject as it existed in England at the time of the adoption of the Federal Constitution, as subsequently modified by State legislation and local judicial interpretation.
The law of divorce as it exists in the several States is entirely of local creation.
In the remainder of this chapter each State and Territory of the United States and the District of Columbia is considered separately.
Alabama.
Marriage.—The marriageable age for males begins at 17 years and for females at 14 years of age.
Males under twenty-one years and females under eighteen years require the consent of their parents to lawfully conclude marriage.