In short: no. Georgia is not a common-law state in that this state no longer allows the creation of common-law marriages as of January 1st, 1997. However, common-law marriages meeting specific necessary criteria can and will be honored in Georgia if all said criteria are met. The best way to know if you and your partner meet these requirements is with the assistance of an attorney.
- The four requirements for common-law marriage in Georgia are:
- The parties must have the ability to contract.
- There must be a contract.
- There must be a consummation of the marriage under the law.
- The marriage must have been established before January 1, 1997.
These requirements are generally the same as those of traditional marriages, save for needing to be established before a specific date. If you believe you and your partner have a valid case for common-law Marriage in Georgia, please contact us and allow us to help you determine if you fit these requirements.
What does “Common-Law Marriage” Mean?
Common-law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized in ceremony. Understanding what a common-law marriage is and is not can help one navigate the sometimes murky waters of marriage and divorce.
Each state has its own laws regarding whether or not they recognize common-law marriages, and among those states that do recognize them, not all have the same laws and regulations. This means that couples in common-law marriages can sometimes experience difficulties moving between states with differing common-law marriage laws.
Will Georgia Recognize An Existing Common-Law Marriage?
Yes, Georgia will recognize common-law marriages that were created either out of state or before January 1st, 1997. Georgia cannot ignore the laws of other states and must honor common-law marriages made in states that recognize them. Although most states are discontinuing this type of marriage, in the future, these types of marriages will eventually become invalid. Contact us for assistance in having your out-of-state common-law marriage recognized in Georgia.
How We Can Help You.
As you can see, common-law marriage rights are sometimes confusing in Georgia. If you believe you have created a common-law marriage before January 1st, 1997, that fits all the requirements, or you and your partner recently moved to Georgia with a valid common-law marriage from another state, you should consult an attorney. You can contact us at 404-738-5805 or online to book a consultation. We are always here to help you.