Common Law Marriage

[Deacon]

Jerome, you made a good case that common law marriage is a type of marriage, but is it a reputable form of marriage?

Most people consider common law marriage to be less than reputable and ambiguous, capable of being understood in many different ways.

Rob

 

[Reynolds]

Common Law Marriage in Georgia

Common law marriage is a marriage recognized in some states even when there has been no official ceremony performed or civil contract entered into.

mtlawoffice.com

"Georgia still recognizes any valid common law marriage entered into prior to January 1, 1997 and, thus, it is important to understand how a common law marriage can be established."

"There are three requirements for a valid common-law marriage in Georgia: (1) the parties must be able to contract; (2) there must be an actual contract; and (3) there must be consummation according to law (O.C.G.A. §19-3-1). These same requirements are applicable to ceremonial marriages"

"An actual contract is established in a common law marriage when the parties have a mutual agreement to be husband and wife and hold themselves out to the world as husband and wife. Consummation in a common law marriage is established by the continuous cohabitation of the parties. There is no required period of time that the parties have to live together, but the longer the cohabitation, the stronger the presumption that a common law marriage exists."

I dealt with it for many years. 7 years was the number the courts recognized. Either party could claim common law marriage after 7 years and courts upheld it and required divorce proceedings.