is common law marriage recognized in georgia

is common law marriage recognized in georgia


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is common law marriage recognized in georgia

Georgia does not recognize common-law marriage. This means that simply living together and presenting yourselves as married is not enough to establish a legal marriage in the eyes of the state. While some states still permit common-law marriage, Georgia explicitly abolished the practice. Understanding this legal reality is crucial for couples living together in Georgia, particularly concerning issues of property rights, inheritance, and healthcare decision-making.

What Constitutes a Legal Marriage in Georgia?

A legal marriage in Georgia requires a valid marriage license issued by the state and a formal ceremony performed by an authorized officiant. This ceremony must adhere to the state's legal requirements. Without these elements, a couple cannot be considered legally married, regardless of how long they've lived together or how they represent their relationship to others.

What Happens if a Couple Believes They Are in a Common-Law Marriage in Georgia?

Couples who believe they are in a common-law marriage in Georgia, even if they have lived together for many years and presented themselves as married, are not legally married. This can have significant implications regarding:

  • Property Rights: In the event of separation or death, property division will not follow the rules of marital property division. Instead, it will be governed by laws related to cohabitation or inheritance based on individual ownership.
  • Inheritance: Without a legal marriage, there is no automatic right of inheritance. The surviving partner would not inherit assets under the laws of intestate succession (dying without a will) unless specifically named in a will.
  • Healthcare Decisions: Spouses have specific legal rights to make healthcare decisions for each other. Without a legal marriage, these rights do not automatically exist, potentially leading to complications in medical emergencies or long-term care.
  • Tax Implications: Married couples have specific tax benefits and obligations. Those in an unmarried cohabitating relationship are subject to different tax rules.
  • Child Custody and Support: The legal status of the parents will significantly influence issues of custody, visitation, and child support. While paternity can be established separately, the lack of a legal marriage affects legal presumptions in these cases.

What if a Couple Wants to Get Married in Georgia?

If a couple living together in Georgia wishes to be legally married, they must obtain a marriage license from the Probate Court in their county of residence and have a legally recognized marriage ceremony performed by an authorized officiant. This formal process establishes their legal marital status and protects their rights and interests.

Are there any exceptions to Georgia's recognition of common-law marriage?

No. Georgia has clearly defined what constitutes a legal marriage, and there are no exceptions for long-term cohabitation or any other circumstance. Past practices in other states do not apply within Georgia.

What should couples in long-term relationships in Georgia do?

Couples in long-term relationships in Georgia who desire the legal protections and benefits of marriage should formalize their relationship by obtaining a marriage license and having a legal wedding ceremony. It's also advisable to consult with an attorney to create a comprehensive estate plan that addresses property ownership, wills, and healthcare directives, regardless of marital status.

This information is for educational purposes only and should not be considered legal advice. Consulting with an attorney specializing in family law in Georgia is strongly recommended for personalized legal guidance.