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Georgia Common Law Marriage

What is Common Law Marriage in Georgia?

Common-law marriage is a union of two individuals who live together and describe themselves as married in public without a religious or formal marriage ceremony in Georgia. A common-law marriage provides an alternative to individuals who do not want to go through the formalities of a traditional wedding. It also allows couples to cut down the cost involved in planning a wedding. However, individuals interested in common-law marriages can only do so in selected states in the United States. Examples of states that allow common-law marriages include the District of Columbia, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah.

The laws governing common-law marriages differ from state to state. Couples may be required to live together in the same residence for a set period, while other states may not require such. However, there are a few similarities between a traditional marriage and a common-law marriage. Below are some of the marital rights and entitlements available to couples in a common-law marriage:

  • Right to a divorce
  • Right to healthcare benefits
  • Right to property division
  • Right to inheritance
  • Right to jail or prison visitation
  • Right to hospital visitation
  • Right to child custody upon the termination of the relationship
  • Right to spousal support upon the termination of the relationship

Although there are lots of advantages associated with common-law marriages, there are also disadvantages involved. Some of which include:

  • Difficult to prove a common-law marriage existed between a couple (especially when there is no document to back the claim or one party is dead)
  • Difficult to prove property division claims (during a divorce or death of a partner)
  • The burden of child support often falls on the father.

Does Georgia Recognize Common Law Marriage?

The State of Georgia recognizes common-law marriage. This decision complies with the Full Faith and Credit Clause of the United States. The Clause mandates the state of Georgia to recognize common-law marriages that occurred in states where such union is legal. Georgia is also responsible for overseeing the divorce process of couples in common-law marriages that occurred in states where it is legal. However, Georgia does not approve common-law marriage within its jurisdiction. That is, individuals must be formally married before the union is considered valid.

What Is Domestic Partnership in Georgia?

A domestic partnership allows partners to live together without getting married. Individuals involved in this type of relationship are often financially dependent on each other. Also, individuals in a domestic partnership are not eligible for tax benefits, spousal inheritance rights, or automatic paternity rights. Georgia State only allows domestic partnership in the following areas: Atlanta City, Fulton County, and Athens-Clarke County. In Fulton County, domestic partnership is open to only same-sex couples.

What Are the Requirements for a Common Law Marriage in Georgia?

Although Georgia generally prohibits common-law marriages, the state recognizes common-law marriages that occurred before January 1, 1997, and those from other states where it is valid. The state of Georgia also recognizes non-marital relationships like domestic partnerships. Interested persons can register as domestic partners as long as they meet the state's requirements, such as:

  • Parties must have been living together for the past six months (proof of joint residency is required)
  • The couple must not be married to or legally separated from anyone
  • Both are 18 years or older.
  • Parties must be eligible to enter into a contract.
  • Mutual agreement to joint obligations and provide for each other's needs.
  • The couple must not be blood relatives
  • They are each other's sole domestic partner.
  • A prior domestic partnership with a third party must have been terminated at least six months before the current declaration. (The waiting period does not apply if the determination is due to a partner's death.)

NOTE: Fulton County and Athens-Clarke County require that interested partners must be residents, or at least one of them is employed by the counties. Domestic Partnership in Fulton County is open to only same-sex couples, while it is open to anyone regardless of their sexual orientation in Athens-Clarke County.

How Many Years Do You Have to Live Together for Common Law Marriage in Georgia?

The state of Georgia does not allow common-law marriages in its jurisdiction, regardless of how long the partners involved have lived together. However, couples who have been together for multiple years may enter into a domestic partnership. This relationship is only valid within selected areas in the state.

What Does It Mean to Be Legally Free to Marry in Georgia?

An individual is legally free to marry in Georgia as long as they meet the marriage requirements set by the state. Below are some of the requirements individuals must fulfill to qualify for a formal marriage:

  • Both partners must be at least 18
  • Both partners must not be related by blood
  • Both partners are eligible to enter into a civil contract
  • Both partners must be eligible to marry in the state
  • Both partners are not married to other persons
  • Both partners must present a valid form of identification

What is Intent to Marry in Georgia?

An intent to marry is a form or letter that shows the commitment of partners to be married. The state of Georgia does not require intending couples to write a letter of intent or fill a form. However, the couples are required to give verbal affirmation of intent to marry during the wedding ceremony. A letter of intent is also required at the federal level for couples who seek residency in the United States through marriage, especially if one of the partners is not a citizen of the United States.

What is an Informal Marriage in Georgia?

An informal marriage is another word used to describe a common-law marriage. It is commonly used in Texas, where both formal and informal marriages are allowed. Although the state of Georgia no longer allows common-law marriages in its jurisdiction, it recognizes the unions that occurred before it was prohibited and those in other states where it is legal. For instance, common-law couples in Iowa can move to Georgia, and their union will still be valid.

How Do You Prove Common Law Marriage in Georgia?

A written and signed agreement is the best way to prove a common-law marriage in Georgia. The signed agreement can be in the form of a notarized affidavit that shows such a union exists. In the absence of an affidavit, below are some of the other ways to prove a common-law marriage:

  • Testimonies from people who know the couples and are aware of the relationship
  • A document where a partner adopts the name of the common-law partner
  • Proof of joint leases or rental agreement.
  • Proof that both partners live in the same residence.
  • A birth certificate naming both partners as parents to a child
  • A loan or mortgage document financed by both partners
  • A mail addressed to the couple
  • An employment record where a partner is listed as an immediate family member
  • School records naming both partners as parents of a child

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common Law Marriage in Georgia After Death?

A widowed partner can prove a common-law marriage existed by providing documents that validate the marriage. This is usually in the form of contracts or affidavits. In cases where there is no signed document available, a widowed spouse must provide statements that acknowledge the union’s existence. The statement can be in the form of testimonies from two relatives of the deceased’s spouse. The State of Georgia only attends to common-law marriage claims that originate from unions that occurred in states where it is legal. The couples involved must have met the requirements laid down in the originating state.

Do Common Law Marriages Require a Divorce?

Yes, common-law marriages require a divorce to legally dissolve the union. This is similar to the divorce proceedings in a formal marriage. Georgia recognizes common-law marriages that occurred in other states where the union is valid and oversees the divorce proceedings according to its law. Common-law couples may choose to represent themselves or hire an attorney due to Georgia’s complex divorce laws. Partners in a common-law may lay claims to property division, spousal support, or child custody. Usually, the proceedings for a common-law divorce may take longer if both partners did not sign a prenuptial agreement.

Does a Common Law Wife Have Rights in Georgia?

Yes, a common-law wife has marital rights in Georgia. The state preserves the right of common-law partners whose marriage occurred in states where such union is legal. Similar to couples in a formal marriage, common-law couples have rights to property division, spousal support, and more.

Can a Common Law Wife Collect Social Security in Georgia?

Yes, a common-law wife can collect social security in Georgia. Common-law spouses are eligible for the same marital benefits available to those in a formal marriage. Although, such rights are only available to common-law marriages that occurred in a state where such union is allowed. Common-law couples may obtain social security by submitting a complete statement of marital relationship form and statement of blood relationship form. Examples of information required in the form may include the date when they started living together, the duration of cohabitation, and the location of where they lived.

Are Common Law Wives Entitled To Half in Georgia?

No, common-law wives in the state of Georgia are not entitled to half of their property in the event of a divorce. Unlike wives in a formal marriage, common-law wives do not automatically have claims to a partner's property. They are only eligible for half of the property if that has been agreed upon as of the time of marriage. That is, there must be a written agreement or document. Otherwise, common-law wives can only lay claims to properties bought in their name as owners or co-owners.

How Do You Get a Common-Law Marriage Affidavit in Georgia?

Interested persons cannot obtain a common-law marriage affidavit in Georgia because such union is not valid within its jurisdiction. However, interested couples can get a common-law marriage affidavit in the state where the union occurred as long as such union is valid. The marriage affidavit is proof that a common-law relationship exists between two individuals. Although common-law marriage requirements vary by state, below are some of the general statements an affidavit must include:

  • The state where both partners decided to be husband and wife
  • The date when both partners decided to be husband and wife
  • The age of both partners as of the time of the union
  • Record of previous marriage (both formal or informal marriage). If any, the involved partner has to provide the marriage details such as date of union, termination date, and more.

When Did Common Law Marriage End In Georgia?

The state of Georgia ended its common-law marriage on January 1, 1997. Any common-law marriage in the state thereafter is considered invalid. Although the state still recognizes common-law marriages that occurred before January 1, 1997. Therefore, individuals can only get married in Georgia by obtaining a marriage license. The state also makes provision for domestic partnerships in selected states.

What Is Considered Common Law Marriage in Georgia?

The state of Georgia does not allow common-law marriage within its jurisdiction. The state abolished common-law marriage on January 1, 1997, as stated in O.C.G.A. § 19-3-1.1. Therefore, any common-law marriage after January 1, 1997, is considered invalid. In compliance with the Full Faith and Credit Clause, the state of Georgia also recognizes common-law marriages that occurred in other states where such a system of marriage is valid. That said, Georgia makes provision for formal marriage and domestic partnership in selected areas like the city of Atlanta, Athens-Clarke County, and Fulton County.

Does the Federal Government Recognize Georgia Common Law Marriages?

Yes, the federal government recognizes all common-law marriages that occurred in a state where such union is legal. Although Georgia currently does not allow common-law marriages in the state, it still recognizes those that occurred before January 1, 1997. Some of the states in which common-law marriages are allowed include the District of Columbia, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah. Couples who are in a common-law marriage in states where such union is legal may be eligible for federal tax benefits as well as immigration benefits.