Common Law Marriage in Georgia: Legal Requirements and Exceptions

Many couples assume that if they live together long enough, they’re automatically considered married under “common law marriage.” But this legal concept varies widely from state to state. If you live in Georgia, it’s important to understand how the state handles informal or common law unions.

In this article, we’ll explain whether Georgia recognizes common law marriage, what exceptions apply, and what alternatives exist for unmarried couples who want legal protection.

Is Common Law Marriage Legal in Georgia?

No, Georgia does not recognize common law marriages that were established after January 1, 1997.

This means that couples in Georgia who began cohabiting and presenting themselves as married after that date cannot form a legally recognized common law marriage, regardless of how long they’ve lived together or how committed they are.

Exception: Common Law Marriages Established Before 1997

Georgia does make one exception:
If a common law marriage was validly established in Georgia before January 1, 1997, it will still be recognized by the state today.

To be considered a valid pre-1997 common law marriage, a couple must have:

• Agreed to be married
• Lived together in Georgia
• Held themselves out as a married couple to others

If these conditions were met before the 1997 cutoff, the marriage remains legally valid.

Recognition of Out-of-State Common Law Marriages

Although Georgia does not allow new common law marriages within its own borders, it does recognize common law marriages from other states—if the marriage was legally valid in that state.

For example, if a couple established a common law marriage in Texas (where it is still legal) and then moved to Georgia, their marriage would generally be respected under Georgia law.

Legal Alternatives for Unmarried Couples in Georgia

Even without common law marriage, unmarried couples in Georgia can protect themselves and their assets by using legal agreements and planning tools, including:

1. Cohabitation Agreements

These are private contracts that define how finances, property, and responsibilities will be handled during the relationship or in case of a breakup.

2. Wills and Estate Planning

Unmarried partners are not automatically entitled to inherit property. Having a will or trust ensures your partner receives your assets if something happens to you.

3. Powers of Attorney and Healthcare Proxies

These documents let you legally designate your partner to make medical or financial decisions on your behalf.

4. Joint Tenancy Agreements

When buying property together, a joint ownership agreement can help clarify ownership and inheritance rights.

Parental Rights and Unmarried Couples

Georgia treats parental rights separately from marital status. Both unmarried parents have legal obligations to support their children. If the couple is not married, paternity may need to be legally established, either voluntarily or through the courts, for the father to gain custody or visitation rights.

Final Thoughts

While common law marriage is no longer permitted in Georgia, couples who want legal security can still take important steps to protect their rights and assets. Filing the right documents, creating a cohabitation agreement, or planning an estate can offer peace of mind for unmarried partners.

If you’re unsure about your legal status as a couple or need help setting up protections, it’s wise to consult a family law attorney in Georgia.

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