A lot of people assume that living with a partner for a certain number of years automatically makes you married under the law. At least in Georgia, however, that’s not quite how it works. The state actually abolished common law marriage back in 1997, and no new common law marriages can be created here as of January 1 of that year.
That said, common law marriage hasn’t disappeared from Georgia entirely. The law still recognizes marriages like these that were validly formed before that cutoff date, for instance, and Georgia courts will also recognize common law marriages that were legally created in other states. If any of this applies to your situation, read on for the details you should know about going forward.
What Exactly Is a Common Law Marriage?
A common law marriage is a legally recognized marriage that was never formalized through a ceremony and a marriage license. Instead of going through the traditional process, two people essentially agree to be married and live their lives as a married couple. In the states that allow it, this type of arrangement can carry the same legal weight as a traditional marriage.
Only a handful of states still allow new common law marriages today. Georgia is not one of them, but it was at one point. That’s why older common law marriages formed in this state can still be valid if they meet certain requirements under the law.
Requirements for a Valid Common Law Marriage in Georgia
For a common law marriage to be recognized in Georgia, it had to have been established before January 1, 1997. Per O.C.G.A. § 19-3-1.1, no common law marriage entered into on or after that date is valid in this state.
For those that were formed before the cutoff, the following requirements had to be met:
- Both parties had to be legally able to marry, meaning they were at least 18, of sound mind, not closely related, and not already married to someone else
- There had to be a mutual agreement between both people to be husband and wife, along with a public representation of that relationship to others
- The couple had to live together, which is referred to as consummation through cohabitation under the law
There is no specific length of time the couple was required to live together. However, the longer the period of cohabitation, the better the case that a common law marriage existed. It’s also worth noting that the person claiming the marriage has the burden of proving all of these elements by what’s known as by a “preponderance of the evidence.”
What About Common Law Marriages From Other States?
Note that while Georgia won’t allow you to form a new common law marriage within its borders, the state will generally recognize one that was legally established somewhere else. Georgia courts will generally recognize valid common law marriages created in other states under conflict-of-laws principles.
The Georgia Supreme Court addressed this directly in Norman v. Ault (2010), stating that Georgia will recognize a valid common law marriage that was created under the laws of another state. So if you entered into a common law marriage in a state like Colorado, where they are still permitted, Georgia should treat that as legally valid.
Contact the Edwards Law Group To Schedule a Free Consultation With an Atlanta Family Law Attorney
Common law marriage in Georgia is a topic that confuses a lot of people, and understandably so. The rules have changed over the years and can vary depending on the specific facts and circumstances of the situation at hand.
Do you have questions about whether your relationship qualifies and how your rights may be affected? Contact The Edwards Law Group to schedule a free consultation with an Atlanta family lawyer today to get the answers you need.
The Edwards Law Group Atlanta
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