Georgia does not recognize common-law marriages. This means that simply living together and presenting yourselves as husband and wife does not create a legally valid marriage in the eyes of the state. To be legally married in Georgia, you must obtain a marriage license and have a ceremony that meets the state's requirements.
This lack of recognition can have significant legal ramifications, impacting areas such as:
- Inheritance: If one partner dies without a will, the surviving partner may not be entitled to inherit assets as a spouse would be in a legally recognized marriage.
- Healthcare Decisions: Spouses typically have the legal right to make healthcare decisions for their incapacitated partner. Without legal marriage, this right may not be granted.
- Divorce: There is no process for "divorce" from a common-law marriage in Georgia because the union was never legally established. Property division and other legal issues are instead resolved through other legal avenues, which may be considerably more complex.
- Tax Benefits: Married couples are eligible for numerous federal and state tax benefits. These benefits are not available to couples in a common-law relationship in Georgia.
- Child Custody and Support: While cohabitation doesn't impact child custody arrangements, the lack of legal marriage could complicate matters, particularly concerning child support and health insurance.
What Constitutes a Legal Marriage in Georgia?
A legal marriage in Georgia requires:
- A valid marriage license: Obtained from the Probate Court in the county where at least one partner resides.
- A legally performed ceremony: Officiated by an authorized person such as a judge, minister, or other legally designated official.
What if a Couple Lived Together for Many Years and Presented Themselves as Married?
While a couple might have lived together for an extended period and presented themselves as married, this does not create a legal marriage in Georgia. The state requires the formal process of obtaining a marriage license and holding a legally officiated ceremony. If there are disputes regarding property, finances, or other matters after a long-term relationship ends, the couple would need to resolve them through other legal means, such as civil lawsuits. This can significantly complicate the situation compared to a legally recognized marriage.
What Happens if I Believe I Have a Common-Law Marriage in Georgia?
Georgia does not recognize common-law marriages. Presenting yourselves as husband and wife, sharing finances, or raising children together does not constitute a legal marriage under Georgia law. If you have concerns about your legal rights and responsibilities, it is strongly advised to consult with a qualified family law attorney in Georgia.
How Can I Legally Get Married in Georgia?
To get legally married in Georgia, you must first obtain a marriage license from the Probate Court. After that, you'll need to have a ceremony performed by a legally authorized officiant. You should check with the Probate Court in your county for specific requirements and procedures.
Are there any exceptions to Georgia's common-law marriage laws?
No, there are no exceptions to Georgia's laws regarding common-law marriages. The state strictly adheres to the requirement of a marriage license and legally performed ceremony for a marriage to be recognized as valid.
This information is for general guidance only and does not constitute legal advice. It is crucial to consult with a legal professional for advice tailored to your specific circumstances.
