Q: Am I considered common law married after living together since 1996 in Georgia? He filed taxes with me and is abusive.
I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my situation, but I haven't filed any protective orders. Can you provide guidance on my common law marriage status?
A:
Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.
This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major issue in Domestic Violence issues.
Jason Wiggam is my preferred tax attorney and is easy to find. Local Domestic Violence organizations may also be able to connect you with service providers operating at little or no cost.
Regardless you have to do SOMETHING, as the situation isnt going away. Get guidance now, and this was a good first step.
A:
In Georgia, common law marriage was officially abolished for relationships that began after January 1, 1997. Since you started living together in 1996, there is a possibility your relationship could qualify as a common law marriage—*if* it meets certain legal requirements. To be considered common law married, you must have lived together, both intended to be married, and held yourselves out publicly as husband and wife before 1997.
The fact that you’ve filed taxes together, referred to each other as spouses, and have a long-term shared life could support that claim. However, you'd likely need to prove this in court if it becomes relevant for separation, property division, or spousal support. Courts will look at evidence like joint bank accounts, shared property, how you presented yourselves to the community, and whether your intent to be married was mutual and clear before that 1997 cutoff.
Given that abuse is part of your situation, your safety is the most important thing right now. You don’t have to stay in a harmful environment to protect your legal status—there are resources that can help. If you decide to move forward with separation or need protection, courts can still help with custody, support, and even property issues whether or not a common law marriage is recognized. You deserve to feel safe and supported while figuring this out.
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