QUESTION

What is common law marriage in Georgia?

Asked on May 20th, 2012 on Child Custody - Georgia
More details to this question:
I will be separating from my live in partner of 26 years. Will we need a divorce attorney?
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3 ANSWERS

It depends if you've held yourself out as a married couple. Common law marriage is no longer recognized in Georgia. I would need more information.
Answered on May 31st, 2012 at 9:06 PM

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Glen Edward Ashman
If you held yourself out as married prior to 1997, yes.
Answered on May 30th, 2012 at 2:19 PM

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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

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