Understanding the intricacies of common law marriage in Georgia is crucial for couples navigating their relationship status. While Georgia no longer recognizes new common law marriages as of January 1, 1997, understanding how to prove common law marriage in Georgia remains important for relationships established prior to this date.
Our comprehensive guide covers the essential Georgia common law marriage requirements, offering clarity on what constitutes a common law marriage in GA. Whether you’re questioning “Does Georgia have common law marriage?” or seeking guidance on affirming your relationship status, we provide the insights and information needed to navigate this unique legal area.
Discover the key elements that define common law marriage Georgia and learn the steps to validate or dispute this status in the state.
The state changed its position regarding common law marriage in Georgia in 1997. As a result, many people are familiar with common-law marriage, but only a few understand its legal realities.
In general, common-law marriage is a type of informal marriage that some states legally recognize, including Colorado, Iowa, Kansas, District of Columbia, Montana, Oklahoma, Rhode Island, and Texas.
This legal concept applies to couples that appear to be married but without a marriage contract or without having their union recorded by state or official registry.
This article discusses the concept of common-law marriage in general and provides information about this process in Georgia more specifically.
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Before January 1, 1997, the common law in Georgia allowed marriage under its wing. Although it does not allow them anymore, the state of Georgia still recognizes the marriage of common-law couples established before 1997 and in compliance with all the requirements.
In general situations, marriage laws in Georgia demand couples to meet strict requirements to allow them to apply for a marriage license. For example, the couple would need to present residency requirements, an identification that shows proof of age, and a divorce decree if they were in previous marriages. After obtaining the marriage license, a licensed minister or judge should conduct a ceremony for the law to consider this marriage legal.
On the other hand, common-law marriages bypass all the above steps.
Generally, in common-law marriages, the following are the only criteria the couples should meet:
Despite not allowing common-law marriages anymore, the state of Georgia still recognizes valid common-law marriages from other states. Therefore, the Supreme Court of Georgia ruled as followed in Norman v. Ault,287 Ga. 324,326 (2010) “Georgia, like other states not generally recognizing common-law marriages, will recognize as valid a common-law marriage established under the laws of another state.”
Suppose that you and your common law spouse decide to move to a state that does not recognize this type of union. In this case, you don’t have to worry about your rights, as every state must recognize common-law marriages registered in states that support it.
It is also important to note that no state recognizes gay relationships as common-law marriages.
As easy as it sounds, “capacity to marry” means your ability to get married to another person.
In Georgia, several factors define a rightful “capacity to marry”:
If you don’t have the “capacity to marry” someone when you first start living with them, you can still marry them under common law in the future. For example, this could happen if you are younger than 19 when you start living with them or if one of you has still not finalized their divorce.
There is no common-law divorce neither in the state of Georgia nor in any other state. The law requires couples to separate under official divorce laws even if they were married under common law. In a lot of cases, common-law marriage adds significant complexity and difficulty to the divorce proceeding.
Since the couple has no official papers to document the union, there is no simple way for the court to determine whether a couple is married by common law. This complexity demands the couple to prove to the court their marriage before issuing the divorce papers.
If you are going through a common-law divorce, you should probably contact a divorce attorney you trust because several issues may arise, including:
A couple will most likely have to prove to the court their common-law marriage at some point in their lives. For example, this might be while dealing with divorce, as mentioned above, or when dealing with inheritance.
Since common-law marriage can be challenging to prove, and holding themselves out to be married in public is one of the most critical requirements to do so, there are a few steps that a couple can take to make it easier, including:
Some couples may also opt to sign an affidavit or a contract which is not a prenup but allows both partners to attest to their consent and agreement to having the law consider their relationship a common-law marriage. This contract can help prove the marriage before a judge before moving to trial.
The main benefit of common-law marriage is that it will grant you the same rights and responsibilities as the ones given to formally married couples.
The most significant rights include:
Georgia no longer offers the option of common-law marriage to the state’s couples. In fact, common-law marriage is recognized in a minority of states and applied in even fewer states.
The main reason pushing states to revoke this law is the difficulty of proving such marriages and the complications this causes.
Here are some points to keep in mind:
Most states are changing their laws to try and minimize the number of common-law couples as much as possible. But, unfortunately, this means that valid common-law marriages from Georgia and other states will eventually become invalid and simply a thing of the past.
To prove a common law marriage in Georgia, you must demonstrate that your relationship met specific criteria before January 1, 1997, when common law marriage was abolished in the state. Key elements include showing a mutual agreement to be married, cohabitation in Georgia, and presenting yourselves as a married couple to the public. Evidence can include joint tax returns, shared bank accounts, and testimony from friends or family.
In Georgia, the duration of a common law marriage is not defined by a specific time frame. However, it is important to note that common law marriages could only be established before January 1, 1997. After this date, Georgia no longer recognizes new common law marriages. For those established prior, there was no minimum cohabitation period required; the emphasis was on the couple’s intention and public presentation as married.
