As of Jan. 1, 1997, there was no longer Common Law Marriage recognized in Georgia. However, if a couple was together and acting as Husband and Wife before that date, it was recognized as such even after that date -- it was "Grandfathered in." So, acting as Husband and Wife, then, meant that they held themselves out to the public as "married," OR the Wife took Husband's name OR the parties shared household, children, bills, or other things that married couples do, etc. In other words, the parties would not have to satisfy all of these criteria, but only one of them -- although they tend to work together in many cases.
If the criteria are met, the parties would need to go through the normal procedures for any action that involves a married couple, as if they were married.
Hope this helps.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
www.hynesfamilylaw.com
Answered on Oct 09th, 2011 at 10:56 AM