What is common law marriage in Georgia? 8 Answers as of May 31, 2012

I will be separating from my live in partner of 26 years. Will we need a divorce attorney?

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The Martin Law Group
The Martin Law Group | Yolvondra Martin-Brown
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.
Answer Applies to: Georgia
Replied: 5/31/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
If your relationship predates January 1, 1997, and if you were capable of entering into a marriage contract before that date, you can file a divorce under a theory of common law marriage.
Answer Applies to: Georgia
Replied: 5/30/2012
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
If you all help your self out as husband and wife, for example had joint accounts, told people you were married, conducted yourself as husband and wife ect., and got together in this union before 1995, then you will need to get a divorce.
Answer Applies to: Georgia
Replied: 5/30/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
If you held yourself out as married prior to 1997, yes.
Answer Applies to: Georgia
Replied: 5/30/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
There is no longer common law marriage but if it was established prior to the change in the law it can be recognized with proof of living together and intent .
Answer Applies to: Georgia
Replied: 5/29/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Common law marriage in Georgia was outlawed in 1996 or 1997. If you believe you were common law married before then, then if you are considered common law married you will need a divorce. However, common law marriage was not based on merely the number of years simply living together - it is a very fact specific determination and in fact has nothing to do with how long you were living together. You need to consult with an experienced attorney to find out if you can be considered common law married in the sate.
    Answer Applies to: Georgia
    Replied: 5/29/2012
    Attorney at Law | John P. Rivers
    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).
    Answer Applies to: Georgia
    Replied: 5/29/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Georgia abolished common law marriage in 1997, except for ones already in effect before that date. An attorney will be able to tell you whether you had a common law marriage in effect, which requires more than just living together.
    Answer Applies to: Georgia
    Replied: 5/29/2012
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