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Common Law Marriage Georgia

Common Law Marriage Georgia

Quick Guide to Common Law Marriages in Georgia

Are Common Law Marriages in Georgia Legal?

Although common-law marriages in Georgia are no longer recognized by the state, some common law marriages still hold validity within the state.

According to Section 19-3.1.1 Common-law marriage; effectiveness:

“No common-law marriage [in Georgia] shall be entered in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.”

In some cases, there may be exceptions to this Georgia law for a common-law marriage.

Other Types of Invalid Marriages in Georgia

Apart from common law marriage in Georgia after January 1, 1997, other types of marriages hold no validity in the state of GA. These invalid marriages are listed below:

• A parent has married a child, a parent has married a stepchild, a grandparent has married a grandchild, or an aunt or uncle has married their nephew or niece

• Either party did not have mental capacity during the contract

• Either party was under 16 when they entered the marriage

• Either party was forced into the marriage

• Either party entered into the contract using fraud

• There was bigamy

Determining the Validity of Common Law Marriages in Georgia

Although there are few laws addressing common-law marriages in Georgia, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union.

In order to validate the common law marriage in Georgia, the court will consider several factors in certain cases like a divorce or separation proceeding.

The court will usually consider the following aspects of the common law marriage in Georgia:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common law marriage requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Georgia to recognize their common law marriage in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common law marriage in Georgia.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional.

If couples in recognized common-law marriages in Georgia come to an agreement about the division of property in a future separation in an out of state jurisdiction, the state of Georgia may recognize such agreements.

If you are unsure the state will recognize the common law marriage in Georgia, you should speak with an attorney to help determine if the case may be arguable in court.


Introduction

In Georgia, a couple can establish a legal marriage without obtaining a marriage license or having a formal ceremony. This is known as common law marriage, and it is recognized in the state of Georgia under certain circumstances.

Elements of Common Law Marriage in Georgia

To establish a common law marriage in Georgia, the following elements must be present:

1. Cohabitation: The couple must live together as husband and wife.

2. Mutual Agreement: Both parties must agree that they are married and hold themselves out as such to the community.

3. Public Recognition: The couple must be known as married to family, friends, and the community.

4. Intent to be Married: Both parties must have the intent to be married and not just living together as roommates.

In addition to these requirements, the couple must be of legal age and not be closely related by blood.

Benefits of Common Law Marriage

The benefits of common law marriage in Georgia are the same as those of traditional marriage. A couple in a common law marriage has the right to make medical decisions for each other, inherit from each other without a will, and receive spousal benefits such as social security and pension benefits.

Moreover, common law marriage makes it easier for couples to establish legal rights without having to go through the formalities of a traditional marriage.

Legal Recognition of Common Law Marriage in Georgia

Common law marriage is recognized in Georgia, but only if the couple met the requirements before January 1, 1997. The state legislature eliminated common law marriage for new couples after that date. However, the state still recognizes common law marriages that were established before that date.

Ending a Common Law Marriage

Ending a common law marriage in Georgia is similar to ending a traditional marriage. The couple has to legally dissolve the marriage through divorce or annulment. If the couple separates without a legal divorce, they may still be considered married under common law for certain purposes.

Conclusion

Common law marriage in Georgia provides a way for couples to establish legal rights without going through the formalities of a traditional marriage. However, it is important to keep in mind that common law marriage is only recognized for couples who met the requirements before January 1, 1997. If you’re considering establishing a common law marriage in Georgia, it’s important to understand the legal requirements and take steps to legally dissolve the marriage if needed.