Common Law Marriage in Georgia
State-specific overview · Family Law
Georgia does not recognize common law marriage created after January 1, 1997, though it honors earlier ones.
How Georgia treats Common Law Marriage
Georgia abolished common law marriage effective January 1, 1997, and no longer permits new common law marriages to form. Couples must obtain a marriage license and have an authorized official solemnize the marriage. Georgia recognizes common law marriages validly created before 1997 and those validly established in other states. The 1997 cutoff date is critical for determining whether a relationship qualifies as a valid marriage in Georgia.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.