Q: When Georgia allowed common law marriage, BEFORE 1997, what was the criteria for establishing a GA common law marriage
A:
A common law marriage is valid in Georgia only if the relationship was entered into prior to January 1, 1997.
There are three requirements for a valid common law marriage:
1. The parties must have the capacity to enter into a contract;
2. The parties must have an actual contract which can simply be an agreement to live together as husband and wife, hold themselves out to be married, and all of their friends, relatives, and everyone else must believe they are married; and
3. The parties must consummate the agreement according to law which is to engage in sexual relations.
There was no statutory length of time the parties had to be in the relationship before it would be valid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
