Keith Mack
Common-law marriage is a legally recognized marriage where the couple did not obtain a marriage license. While it is not common today, some couples still have this type of marriage. In the past, Georgia recognized common-law marriages if they were established before 1997, but this is no longer the case. If a couple established a common-law marriage in another state and then moved to Georgia, their marriage would be recognized by the state. Couples in Georgia who wish to protect their rights without getting married can use a contract or register their relationship as a domestic partnership in some counties and cities.
| Characteristics | Values |
|---|---|
| Common law marriage allowed in Georgia | Recognized if established before 1st January 1997 |
| Common law marriage formed outside Georgia | Recognized if the couple moves to Georgia |
| Common law marriage formed after 1st January 1997 | Not recognized in Georgia |
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What You'll Learn
Common-law marriages in Georgia before 1997
Common-law marriages in Georgia are only recognized if they were established before 1 January 1997. After this date, common-law marriages can no longer be formed in the state.
A common-law marriage is a legally recognized marriage in which the couple did not obtain a marriage license. The contract in a common-law marriage is the agreement of the parties to be husband and wife, and they must hold themselves out to be married in the public eye. There is no set length of time that the couple must live together, but they must cohabit for a significant period. They must also have the intention to get married at some point.
Before 1997, there were four criteria that had to be met to be considered a legal common-law marriage in Georgia. Firstly, the couple had to be heterosexual as same-sex marriage was not legal in Georgia at that time. Secondly, they had to be living together. Thirdly, they had to have the intention to get married at some point. Lastly, they had to represent themselves as husband and wife to others, for example, by sharing a last name, having joint bank accounts, or referring to each other as "my wife" or "my husband".
If a couple believes they have created a common-law marriage in Georgia before 1 January 1997, they should consult an attorney to ensure that it meets all the necessary criteria. If they want to move out of Georgia, their rights will be determined by the marriage laws of the state they move to. They will need to prove that their marriage was valid in Georgia before the cutoff date. This can be done by showing that the parties were of legal age and mentally able to enter into a contract, that a contract was formed, that the marriage was consummated, and that it was established before 1 January 1997.
If a couple wishes to end a common-law marriage in Georgia, they must go through a formal divorce proceeding, the same as any other married couple.
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Common-law marriages in Georgia after 1997
Georgia officially ended common-law marriages on January 1, 1997. Any common-law marriages established before this date are still recognised by the state. However, if a couple moved to Georgia after establishing a common-law marriage in another state, Georgia will recognise their marriage. This is because Georgia courts will give their common-law marriage "full faith and credit".
The basic criteria for a common-law marriage in Georgia before 1997 were as follows: the couple must be heterosexual, cohabiting for a significant period, and have the intention to get married at some point. They must also present themselves as married to the world—for example, by sharing a last name, having joint bank accounts, or referring to each other as "my wife" or "my husband".
If a couple in a common-law marriage recognised by Georgia wants to end their relationship, they must go through a formal divorce proceeding. This can be complicated by the absence of a marriage license or other recorded proof of their marriage. An attorney can help ensure that the separation proceeds smoothly and that all property and custody issues are handled fairly.
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Common-law marriages in Georgia recognised if formed in another state
Georgia does not allow new common-law marriages to be formed within its borders as of January 1, 1997. However, it does recognise common-law marriages that were established in other states, even if they were formed after 1997. This is because Georgia must give "full faith and credit" to marriages that are legally recognised in other states.
For a common-law marriage formed outside of Georgia to be recognised, it must meet the following requirements:
- Both parties must be able to enter into a contract, meaning they must be of legal age and mentally capable.
- A contract must be formed, with both parties agreeing to hold themselves out as married.
- The marriage must be consummated according to the law.
- The marriage must be established before January 1, 1997.
It is important to note that the laws regarding common-law marriages are complex and evolving. If you have questions about your specific situation, it is best to consult with an experienced attorney or legal professional.
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Rights and duties of common-law spouses in Georgia
Georgia officially ended common-law marriage as of January 1, 1997. If a couple established a common-law marriage before that date, Georgia still recognizes it. If not, the couple has no legal standing and is merely cohabiting. The only exception is if the couple's common-law marriage was recognized in another state and they move to Georgia. In that case, Georgia must recognize their marriage.
If a couple has a valid common-law marriage in Georgia, they have the same rights and duties as a ceremonially wed spouse. This includes property rights, inheritance rights, and child support, visitation, and custody rights. However, it is important to note that common-law marriages can make divorce more complicated, as the couple may not have a marriage license or other recorded proof of their marriage.
To establish a common-law marriage in Georgia before January 1, 1997, the following criteria had to be met:
- The couple had to be heterosexual and living together.
- They had to cohabit for a significant period.
- They had to have the intention to get married at some point.
- They had to present themselves to the world as a married couple, such as by sharing a last name, having joint bank accounts or filing joint tax returns.
While an attorney is not required to end a common-law marriage in Georgia, working with one can help ensure that all property and custody issues are handled fairly and smoothly.
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Divorce for common-law marriages in Georgia
In Georgia, common-law marriages that were established before 1 January 1997 are still recognised and considered valid. However, after this date, common-law marriages can no longer be formed in the state. If a couple relocates to Georgia with a valid common-law marriage from another state, their marriage will also be recognised.
Divorce Process for Common-Law Marriages
Divorcing a common-law marriage in Georgia can be more complicated than a traditional marriage, often due to the lack of a marriage license or official records. To initiate the divorce process, one must file a complaint or petition for divorce with the Clerk of the Superior Court in the county where they or their spouse have resided for at least six months. This petition should include the legal grounds for divorce and the issues to be addressed, such as child custody, asset division, and alimony.
It is recommended to seek legal advice when navigating a divorce, especially in the case of a common-law marriage, as there may be unique challenges and complexities. An experienced attorney can help ensure a fair process and resolution regarding property, custody, and other matters.
Criteria for Common-Law Marriage in Georgia (Pre-1997)
Before 1997, there were four main criteria that had to be met for a common-law marriage to be considered legal in Georgia:
- The couple must be heterosexual and living together.
- They must have cohabitated for a significant period.
- They must have had the intention to get married at some point.
- They must have presented themselves as a married couple to the world, such as by sharing a last name, having joint accounts, or referring to each other as "husband" or "wife".
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Frequently asked questions
No, Georgia got rid of common-law marriage in 1997.
Yes, common-law marriages established in Georgia before 1997 are still valid.
Yes, Georgia will recognize your common-law marriage as long as it was valid in the state where it was established.
The marriage must have been established before 1997. Both parties must have been able to enter into a contract, agreed to hold themselves out as married, consummated the marriage, and satisfied the other requirements for marriage in Georgia.
