The current statute dealing with common law marriage in Georgia (O.C.G.A. Section 19-3-1.1) provides as follows: No common-law marriage shall be entered into 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.? A common law marriage entered into in this state before January 1, 1997, will be recognized as valid as will a valid common law marriage that has been entered into pursuant to the laws of another state. As far as Georgia law is concerned, if the relationship under consideration was entered into before January 1, 1997, a valid common law marriage could exist if the following elements existed: 1. The parties must have been able to contract; 2. An actual contract of marriage existed; and 3. The marriage was consummated according to law (i.e., cohabitation by the parties).
Answered on May 29th, 2012 at 5:18 PM