Understanding Common-Law Marriage in Georgia

Common-law marriage is a term used to describe a relationship between two people who live together and present themselves as a married couple, even though they have not obtained a marriage license or gone through a formal ceremony. Although common-law marriages are not recognized in every state, Georgia is one of the few states that does recognize them. In this article, we will explore the basics of common-law marriage in Georgia and what you need to know if you are considering this type of relationship.

What is Common-Law Marriage?

A common-law marriage is a legal relationship between two people who live together and present themselves as a married couple, but have not gone through a formal ceremony or obtained a marriage license. The requirements for common-law marriage vary by state, but in Georgia, the couple must meet the following criteria:

They must be living together as husband and wife
They must be openly holding themselves out to the public as being married
They must be in a mutually exclusive, monogamous relationship
They must be mentally competent to enter into a marriage
It is important to note that simply living together is not enough to establish a common-law marriage in Georgia. The couple must also hold themselves out to the public as being married, meaning that they must refer to each other as husband and wife, introduce each other as such, and file joint tax returns. Additionally, the couple must be in a mutually exclusive, monogamous relationship, and both parties must be mentally competent to enter into a marriage.

Rights and Benefits of Common-Law Marriage in Georgia

If a couple meets the requirements for common-law marriage in Georgia, they are entitled to the same legal rights and benefits as couples who are married through a formal ceremony. This includes the right to inherit from each other, the right to make medical decisions for each other, and the right to file joint tax returns. In addition, if the couple decides to end their relationship, they must go through a legal divorce proceeding in order to divide property and assets.

Proving a Common-Law Marriage in Georgia

Proving a common-law marriage in Georgia can be challenging, as there is no formal documentation to show that the couple is legally married. However, there are several pieces of evidence that can help establish a common-law marriage, including:

Joint tax returns filed as married
Joint bank accounts or credit cards
Joint ownership of property
Insurance policies listing each other as spouses
Witnesses who can testify that the couple held themselves out as married
If a couple decides to end their common-law marriage, they must go through a legal divorce proceeding just like any other married couple. This includes dividing property and assets and establishing custody arrangements if the couple has children.

Conclusion

Common-law marriage is a legal relationship between two people who live together and present themselves as a married couple, even though they have not obtained a marriage license or gone through a formal ceremony. In Georgia, common-law marriage is recognized as a legal union if the couple meets certain requirements, including living together as husband and wife, holding themselves out to the public as being married, and being in a mutually exclusive, monogamous relationship. If you are considering a common-law marriage in Georgia, it is important to understand your legal rights and responsibilities, as well as the evidence needed to prove a common-law marriage.