Common Law Marriage in Georgia
Although Georgia does not have common law marriage, couple who are married by common law in other states will have their marriages recognized in Georgia.
A "common law marriage" is one in which the parties may hold themselves out as a a married couple, and under certain circumstances, be deemed married without a marriage license or ceremony. Georgia doesn't have a common law marriage, however Georgia does recognize common law marriages that occured in other states.
What's Below:
- If my partner and I live together long enough, won't we have a common law marriage?
- Which states recognize common law marriage?
If my partner and I live together long enough, won't we have a common law marriage?
Contrary to popular belief, even if two people live together for a certain number of years, if they don't intend to be married and present themselves to others as a married couple, there is no common law marriage. More particularly, a common law marriage can occur only when:
- a couple lives together in a state that recognizes common law marriages
- for a significant period of time (not defined in any state)
- holding themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife" and filing a joint tax return, and
- intending to be married.
Unless all four are true, there is no common law marriage. When a common law marriage exists, the couple must go through a formal divorce to end the relationship.
Which states recognize common law marriage?
Common law marriage is recognized only in the following states:
- Colorado: Must have mutual consent to be married, cohabitation, and a reputation in the community as being married.
- District of Columbia: Both parties must be legally free to marry, must intend to be married, and must be known in the community as a married couple.
- Iowa: Must have present intent and agreement to be married, continuous cohabitation, and public declaration as a married couple.
- Kansas: Must have capacity to marry, a present marriage agreement, and holding out to the public as a married couple.
- Montana: Must Must have parties to be competent to enter into a marriage, mutual consent and agreement to be married, cohabitation, and reputation in the community as a married couple.
- Rhode Island: Must have serious intent to enter into a married relationship and conduct leading to a belief in the community that the couple is married.
- South Carolina: Used to recognize common-law marriage; however, there have been recent legal changes so the status is not clear.
- Texas: The couple must agree to be married, must cohabitate in Texas, and must represent to others that they are married.
- Utah: Must be validated by a court. A common-law marriage may be validated by a court of law up to one year after the alleged marriage has been terminated.
States with Limited Recognition:
New Hampshire: Recognizes common-law marriage for inheritance purposes only. This means that the common law marriage is acknowledged after the death of one spouse to settle the estate.
Full Faith and Credit
Full Faith and Credit Clause: All U.S. states recognize common-law marriages that were validly contracted in jurisdictions where such marriages are legal. Therefore, if a couple enters into a common-law marriage in a state that recognizes it, other states will acknowledge that marriage.
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