Common Law Marriage in Georgia

Does Georgia Recognize Common Law Marriage?

Georgia's marriage laws have evolved significantly over the past few decades, particularly regarding common law marriages. Effective January 1, 1997, Georgia abolished the formation of new common law marriages. This means couples can no longer establish a marriage in Georgia simply through cohabitation and mutual agreement.

However, common law marriages formed before January 1, 1997, remain valid if they met three essential elements:

1. Both parties were legally able to contract marriage.
2. There was an actual agreement to be married.
3. The marriage was consummated through cohabitation.

Georgia's decision to end new common law marriages reflects a legislative intent to require formal marriage ceremonies while continuing to respect relationships validly formed under previous law.

Does Georgia Recognize an of Out-of-State Common Law Marriage?

Even though Georgia no longer allows the creation of common law marriages, the state does recognize common law marriages if they were legally established in another state. This recognition follows a long-standing legal principle known as the lex loci rule, meaning "the law of the place." Under this rule, a marriage which is valid in the state where it was created will generally be recognized as valid in Georgia.

For example, if a couple entered into a common law marriage in Texas, a state that still permits common law marriage, Georgia courts would honor that marriage as long as it was valid under Texas law. This ensures continuity and fairness for couples who move across state lines.

Georgia law broadly recognizes all marriages solemnized in other states, granting them the same legal effect as marriages performed within Georgia. However, Georgia residents cannot bypass state laws, such as age or consent requirements, by marrying in another state and then returning home. This safeguard ensures that parties cannot evade Georgia's marriage restrictions through forum shopping.

Evidentiary Standards for Proving Marriage

When determining whether a valid marriage exists, Georgia courts rely on specific evidentiary standards. A public record of a ceremonial marriage serves as conclusive evidence of marriage. For common law marriages, the court may consider:

• Whether the couple lived together as husband and wife.
• Whether they held themselves out publicly as married.
• Their general reputation within the community.

These factors help establish whether a legitimate marital relationship exists in the absence of formal documentation.

Balancing Recognition and Public Policy

Georgia's marriage framework strikes a balance between respecting valid marriages and upholding public policy. While Georgia no longer allows informal marriages to form within its borders, it honors common law marriages which were validly created in a different state or before the 1997 cutoff. Thus, Georgia law ensures that couples are not unfairly deprived of marital rights simply because they relocated.

In short, Georgia does recognize out-of-state common law marriages, provided they were valid where formed, while maintaining clear boundaries for forming a marriage within the state.