What is Georgia Common Law Marriage: Everything You Need to Know

The intent of this guide is to provide clarity majorly on the confusion and terminology surrounding relationships between couples as well as their legal entitlements in Georgia. 

For long stretches of time, many couples cohabit, acting like married couples, only that they have not procured a marriage license from the Department of Vital Statistics. 

Thus, you will know whether or not your love affair or relationship is legally recognized in Georgia and if anything happens, how both parties can go about dissolving the marriage. 

What is Common Law Marriage? 

Common law marriage refers to an arrangement whereby a couple appears to be spouses without undergoing formal procedures or getting a marriage certificate. It is essential for a few indications to be observed for couples to gain legal acceptance as married partners. 

Although these may differ between jurisdictions, some of the most common are: 

• Cohabitation of the couple for a significant duration; 
• Both parties ought to agree on the intent of getting married and accordingly behave as though already married; 
• Both parties must possess the legal capacity or, in other words, have attained the age of consent and not have been married to anyone else. 

Common law marriages are recognized in some regions, but in others, they are not. In order to form a legitimate common-law marriage, one must be in a state that legally acknowledges the existence of common-law marriages when the union is created.

Does Georgia Recognize Common Law Marriage? 

Georgia has long since stopped identifying common law marriages for partners who started their relationship after January 1st, 1997. However, if a common law marriage existed between a couple before that date, then Georgia would still regard and act upon it. 

Couples can prove the existence of their unions through shared financial accounts together or living together arguments. In Georgia, common law marriages were legal until Jan 1, 1997, thus if you had entered into such a contract before this date it still stands valid under its jurisdiction. 

Requirements for Georgia’s Common Law Marriage 

In Georgia, there are four essential elements for a common-law marriage to be legally enforceable. These requirements are similar to those needed for normal marriages with marriage licenses except that they should have been established before a certain period. 

In a common-law marriage, substantive contract is really the mutual consent between spouses allowing them to treat themselves as husband and wife. As far as consummation is concerned it may require cohabitation but no minimum period is required for which this must happen.

How Do You End a Common Law Marriage 

To end a common-law marriage that is acknowledged in law, a court must issue the divorce. Even if there was no wedding ceremony or marriage license, common-law spouses are considered married once the common-law marriage is acknowledged. 

Consequently, this means that even when the couple decides to part ways they must divorce formally just like any other couple who are married. Hence, it implies that despite not holding a formal function for tying the knot, all legal measures for parting still have to be taken.

Do You Require a Lawyer to Legally End a Common Law Marriage? 

In Georgia, an attorney isn’t always required to legally dissolve a marriage. Nonetheless, terminating a common law marriage can be trickier than many people think, especially if there is no marriage certificate or any other formal paperwork at the time.  

This makes it doubtful whether any common law unions are ever recognized by the government. To navigate these complexities and simplify the whole divorce procedure, hiring an attorney should be considered most times if the parties involved are intentional about every legal bidding.  

A lawyer will ensure fairness to all the parties while handling property and custody matters in a manner that satisfies everyone involved.

Wrap Up 

Even though Georgia ceased to recognize common law weddings after January 1, 1997, it continues to validate those that were formed before that date. The definition of common-law marriage and how to prove its existence can both be difficult, especially in terms of dissolution. 

That being said, a lawyer’s advice may be indispensable when dealing with these issues so that every detail from property rights to child custody is covered.

FAQs

Is it possible for me to do a legal union today under common law in Georgia? 

With effect from January 1, 1997, Georgia does not recognize common-law marriages. However, any common law marriages that existed before that date still hold legitimate status.

What were the preconditions for a common-law marriage in Georgia before 1997? 

The following conditions were requisite for common-law marriages in Georgia before 1997: 

• Husband and wife must have come to a shared understanding concerning matrimony. 
• They had to cohabit like married people do. 
• They had to be known as spouses by all.

What are the rights of common law spouses in Georgia if their marriage was formed before 1997? 

Under Georgia law, spouses who entered into a common-law marriage before 1997 have the same rights and duties as people in formal marriages such as property division during divorce, spousal support after separation, and child custody arrangements.