What is Common Law Marriage & Does Alabama Need It?

Recent reports on the Christopher Rich murder trial have brought up the question of common law marriage in this state. How "common" is it? Below is a list of states that recognize such a union:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

As you can see, the list is diminishing. Here in Alabama, just what constitutes a common-law marriage? There are three requirements for such a marriage to be valid:

The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.

Using these criteria, Christopher Rich and his victim Hollie Newbury were never married since they never agreed to be husband and wife. We have read of miscreants using the common-law principal to their advantage. When the infamous Tommy Arthur murdered his girlfriend's sister, he claimed a common-law marriage that allowed his girlfriend, a witness to the crime, immunity from testifying. How sad that any woman would prefer Tommy Arthur over her own sister.

Is it time for Alabama to join a growing number of states in outlawing this archaic institution? We say yes. We welcome opposing view points...

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More on ProShot Concrete: ProShot and Illegal Immigration



Shoalanda

Mayor Irons at Sweetwater Reunion?

According to some who attended last Saturday's Sweetwater Renunion, Florence Mayor Bobby Irons was in attendance. The problem? It seems guest of honor Larry Fisher didn't meet Mayor Irons during the festivities. It does seem both prudent and hospitable that our mayor would have sought Mr. Fisher out...

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This weekend marks Russellville's annual Watermelon Festival, but if you're planning on going, you may not see Kerry Gilbert and his band. It seems he was bumped in order to make way for Travis Wammack on the lineup. One would think there would be room for both great entertainers.

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According to today's TimesDaily, Christopher Michael Rich's estranged girlfriend and mother of his two children, Hollie Elizabeth Newbury, has now become his "common-law wife." Is this just an error on the part of the TD, or is the prosecution attempting to add an element to its case?

One would think the crime was so heinous that a conviction is a given, but considering some fairly recent verdicts* in Lauderdale and Franklin Counties, perhaps Rich's defense team may be able to find 12 individuals who sympathize with this abuser.

* David Darryl Thompson, Lauderdale County/Mark Anthony Hurley, Franklin County



Shoalanda

Janice Keeton and the Elephant - Part II

Hollie Elizabeth Newbury was 24 when she was shot and killed by her estranged boyfriend late last year. Christopher Michael Rich, 31, immediately left the scene of the homicide with their two children and drove to the Lauderdale County Courthouse where he attempted to contact his attorney Janice Keeton. The "elephant?" Janice Keeton is Rich's aunt.

Many individuals are currently using local forums to blast both Keeton and Sheriff Ronnie Willis for what they call their roles in the murder. Their roles?

Rich is a man in his fourth decade of life; all responsibility for the murder of Hollie Newbury rests solely with him. Anyone who believes that Rich informed his aunt before the fact is sadly lacking in any powers of logical deduction. Second, as a busy attorney with a large immediate family, we doubt that Keeton kept very close tabs on her nephew, nor was it her responsibility to do so.

Let's place the blame where it squarely lies--on the abusive and calculating man who pulled the trigger that cold December morning. This horrible crime has nothing to do with Janice Keeton, who should be an inspiration to those who seek the betterment of themselves and the society in which they live.

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Sheffield police can reduce their sex offender count to 30; Harold Rudy Stanback was murdered in Florence on November 27th of last year. We're not sure who's responsible for reporting sex offender deaths to the state, but apparently someone wasn't paying attention.


Tomorrow: More on Judge Gil Self

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