what are the laws and rights about common law marriage in state of GA

Common Law Marriage: what are the laws and rights about common law in GA. If you have been with someone for 20 years.
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Answers (3)

Simon Jenner

Simon Jenner

Contributor Level 4
Based on the facts you presented, it is difficult to say whether you are in a common law marriage, although living together for 20 years certainly helps, as would having children, joint assets and accounts, filing joint tax returns and the like. It should be noted that Georgia abolished common law marriage about ten years ago. But common law marriages formed before that change would still be valid (as in your case, at least as a matter of timing).

The bigger challenge you will face is proving you represented yourselves as husband and wife and otherwise lived as spouses. The burden will be on the person asserting common law marriage to prove the relationship's existence. Common law marriages need to be dissolved via a divorce petition, like any other marriage.
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Jon Vincent Forehand

Jon Vincent Forehand

Contributor Level 6
Georgia recognized common law marriages established in Georgia until Jan 1, 1997. A common law marriage occurred when a man and woman agreed to be married, cohabited and held themselves out to the public that they were husband and wife. The justification for recognizing common law marriage was so that the children of such a union would not be considered to be illegitimate. Georgia continues to recognize common law marriages from other states where this form of marriage is still legal to make and common law marriages entered in Georgia prior to the above date.
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p.williams

Hello,
I am 55 and have been living with a man in Ga from 1994 to present. We have no children. I own a home and he is not on the mortgage. I have my own credit cards and credit lines. He has his. We were engaged in 1996 but i called it off in 2000. he is still living with me but we do not sleep together now and i want to dissolve this relationship. He says we are bound under common law. For the 16 years we have been together he has only helped financially 4 years of this time. what are my rights?
thanks
Patty Williams
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