This could happen if you or your partner get a divorce with a former spouse while you're living together in a common law marriage state; or you move in with someone who's married, and their spouse dies while you're living with them.
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In both cases, you lacked the capacity to marry at the time you moved in with your partner, but gained the capacity back through the divorce or death of your spouse. Once established, a common law marriage is just as valid and binding as a formalized marriage.
Georgia Marriage Laws - FindLaw
It lasts until a court grants a divorce or one partner dies. If your partner and presumptive spouse dies before you've legally established your common law marriage, you'll have to prove your marriage to be able to inherit and receive insurance benefits, Social Security Survivor's Benefits or pension benefits.
Generally speaking, the strongest evidence that both partners intended to be married would be a written agreement between them to that effect. Ultimately, however, you only know for sure that a common law marriage exists when a judge says so.
Here are some factors that a court would look at to determine if you are or were in a common marriage:. If you and your long-term partner are living together but not married, you may have some questions about the legal implications of your relationship including the meaning of "common law marriage" in your state.
Since everyone's situation is different, you could benefit from speaking with an attorney. Find an experienced family law attorney near you for peace of mind today. Find your Lawyer Explore Resources For Learn About the Law.
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Learn more about the benefits and risks of a common law marriage.
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As a result, common law marriage only exists in some states. Georgia used to have common law marriage, but the law ended on January 1, There are some exceptions, however. If you were considered to be in a common law marriage in Georgia before January , the state still considers you to be legally married.
Is Common Law Marriage a Good Alternative to the Real Thing?
Georgia also recognizes you as married if you and your partner were in a common law marriage in another state before you moved to Georgia. Then, they moved to Georgia in According to the law, Bob and Susan are still legally married today in Georgia. If a couple is married through common law marriage, they will remain married in the eyes of the state until they get a legal divorce. Divorcing after a common law marriage is the same as divorcing from a traditional marriage. If you are considered to be married based on the exceptions above, you are entitled to a fair division of assets if you and your common law spouse end your marriage.