Georgia doesn't recognize common-law marriage. This means that simply living together and presenting yourselves as a married couple doesn't grant you the legal rights and responsibilities of a married couple under Georgia law. While many states still permit common-law marriage, Georgia explicitly abolished it. This means that to be legally married in Georgia, you must obtain a marriage license and have a legally recognized ceremony.
Let's delve deeper into the details surrounding common-law marriage in Georgia and address some frequently asked questions.
What Constitutes a Common-Law Marriage?
Before Georgia abolished it, common-law marriage, also known as informal marriage, required a couple to meet specific criteria. These generally included:
- Agreement: Both individuals must have explicitly agreed to be married. This agreement usually wasn't formalized in writing.
- Cohabitation: The couple must have lived together as husband and wife.
- Public Representation: They must have presented themselves to others as husband and wife.
However, none of these factors will establish a legal marriage in Georgia today. The state’s laws require a formal marriage license and ceremony.
What Happens if a Couple Believes They Are in a Common-Law Marriage in Georgia?
If a couple believes they are in a common-law marriage in Georgia but did not obtain a marriage license, they are not legally married. Any belief that they are married does not change their legal status. This has significant implications for property division, inheritance, and other legal matters. If a couple separates or one partner dies, the legal rights and responsibilities will be decided according to the laws governing unmarried couples, not those governing married couples.
Can a Couple Who Lived Together for Many Years in Georgia Claim to Be Married?
No. Length of time cohabitating, even for decades, does not create a common-law marriage in Georgia. The state’s unambiguous stance is that only a legally obtained marriage license and a valid marriage ceremony can legally establish a marriage.
What Are the Legal Consequences of Not Having a Legal Marriage in Georgia?
Failing to legally marry in Georgia has significant legal ramifications, including:
- Inheritance: Without a legal marriage, the surviving partner may not inherit assets from the deceased partner. Inheritance rights are typically determined by a will or, if there's no will, intestate succession laws, which may not benefit the surviving partner.
- Property Rights: In the event of a separation or death, the division of property is governed by different laws for married and unmarried couples. Married couples have specific rights and protections under Georgia's divorce laws, which are not available to unmarried couples.
- Medical Decisions: Spouses typically have rights to make medical decisions for each other. Unmarried partners do not automatically have this right.
- Tax Benefits: Married couples are eligible for certain tax benefits not available to unmarried couples.
- Spousal Support (Alimony): Spousal support is available in divorce cases, but only to legally married spouses.
How Can a Couple Legally Marry in Georgia?
To legally marry in Georgia, a couple must:
- Obtain a Marriage License: This requires completing an application at the Probate Court in the county where at least one of the applicants resides.
- Have a Ceremony: The ceremony must be performed by an authorized officiant.
By following these steps, couples can ensure their legal rights and responsibilities as spouses are protected under Georgia law. It is crucial to understand that claims of common-law marriage are not recognized and cannot replace the legal requirements for marriage in Georgia. Consulting with a family law attorney in Georgia is always advisable for clarification regarding specific situations.
