Common law marriage is no longer possible in Georgia. This means that couples who cohabitate and hold themselves out as married but have never had a formal ceremony or obtained a marriage license is not considered married under state law.
There are many benefits to being married, including tax breaks, insurance coverage, and the ability to make medical decisions for your spouse. If you are in a long-term relationship and would like to enjoy these benefits, you will need to go through a formal marriage ceremony and obtain a marriage license. However, just because common law marriage is no longer possible in Georgia doesn’t mean the state doesn’t recognize it. Georgia still recognizes common law marriages entered before 1997.
If you have any questions about common law marriage or getting married in Georgia, contact an experienced family law attorney today.
Does Georgia Recognize Common Law Marriage From Other States?
As mentioned above, a common law marriage is a legally recognized marriage between two people who have not obtained a marriage license or had their marriage solemnized by a ceremony. In order for a common law marriage to be valid, the couple must generally cohabitate and hold themselves out to friends, family, and the community as husband and wife.
Georgia does recognize common law marriages that were validly entered into in other states. So, if you move to Georgia from a state where you had a common law marriage, your marriage will still be recognized here. This is true even if common law marriage is not recognized in Georgia.
What is the Difference Between Common Law Marriage and Marriage?
There is a big difference between common law marriage and marriage. Marriage is a legal contract between two people who are in love and want to spend the rest of their lives together. A common law marriage is not a legal contract but is instead a relationship that is recognized by some states as being equivalent to traditional marriage.
Common law marriage is not recognized in all states, so it’s important to check the laws in your state before assuming that you are in a common law marriage. Even in states where common law marriage is recognized, there are usually certain requirements that must be met in order for the relationship to be considered a marriage. For example, most states require that the couple live together for a certain period of time (usually a minimum of one year) and that they hold themselves out to the public as a married couple.
Can Common Law Marriages End in Divorce?
Yes, common law marriages can end in divorce. The process is generally the same as for traditional marriage, except that there may be some additional requirements in order to prove that the common law marriage existed in the first place. Once that is established, however, the couple can proceed with filing for divorce and dividing up their assets and property just like any other divorcing couple. If you need help with family law, contact Hecht Family Law today at (470) 291-5342 to schedule a consultation with our law firm.