Navigating the complexities of family law often means addressing questions about non-traditional unions. At Hobson & Hobson, P.C., we frequently assist clients who need to understand how to prove common law marriage, especially in Georgia and neighboring states. This guide explains the essential requirements, legal process, and practical steps for those seeking clarity on this nuanced topic.
Understanding Common Law Marriage in Georgia and Florida
What Is Common Law Marriage?
Common law marriage is a legally recognized union between two people who have not obtained a marriage license or participated in a formal ceremony, but who live together and present themselves as married. While this concept is often misunderstood, it is important to note that both Georgia and Florida have strict limitations on when and how such marriages are recognized.
Georgia: Historical Recognition Only
Georgia recognizes common law marriages only if they were established before January 1, 1997. After this date, no new common law marriages can be formed in the state. However, if you entered into a common law marriage before this cut-off, your union may still be legally valid.
Florida: Even Stricter Limitations
Florida’s stance is even more restrictive. The state recognizes common law marriages only if they were established before January 1, 1968. For all relationships formed after this date, a formal marriage license and ceremony are required.
Key Takeaway: If you are seeking to prove a common law marriage in either state, the date your relationship began is critical.
What Are the Requirements for Common Law Marriage?
For those whose relationships qualify under the respective cut-off dates, the requirements for common law marriage are similar in both Georgia and Florida:
- Legal Capacity: Both parties must be of legal age and not already married to someone else.
- Mutual Agreement: There must be a clear, mutual agreement or contract to be married.
- Cohabitation: The couple must live together.
- Public Representation: The couple must present themselves to the community as husband and wife.
These requirements are outlined in the Georgia Code § 19-3-1 and the Florida Statutes.
How Do You Prove a Common Law Marriage?
The Legal Process in Georgia
If you are asserting a common law marriage in Georgia (pre-1997), the burden of proof is on you. Courts will look for clear evidence that all requirements were met. This includes:
- Evidence of Mutual Agreement: Written or verbal contracts, correspondence, or testimony indicating both parties intended to be married.
- Cohabitation: Proof of living together, such as shared leases or property ownership.
- Public Representation: Documentation or witness testimony showing the couple presented themselves as married (e.g., joint tax returns, shared bank accounts, referring to each other as spouses).
The Legal Process in Florida
For relationships formed before 1968, Florida courts require similar evidence. For all others, common law marriage is not recognized, and no legal process exists to establish such a union.
Accepted Evidence in Court
Courts in both states may consider a range of documentation, including:
- Joint tax filings
- Shared property deeds or leases
- Joint bank accounts
- Insurance policies listing each other as spouse
- Testimony from friends, family, or community members
- Correspondence or documents referring to each other as husband and wife
Expert Insight: As noted by the BCA Law Firm in Georgia, “The most important factor when determining whether someone is part of a common law marriage is their intent and whether or not they have a contract with their partner. If two people have a contract, even though there was no ceremony performed, then it will still qualify as a valid common law union in the state of Georgia, as long as the date of January 1, 1997 is taken into consideration.”
Recent Changes and Current Law
- Georgia: No new common law marriages can be formed after January 1, 1997.
- Florida: No new common law marriages can be formed after January 1, 1968.
- Recognition Across State Lines: Both states will recognize valid common law marriages from other states if those marriages were legally established under the laws of the originating state. For more, see the National Conference of State Legislatures.
Professional Tips for Proving Common Law Marriage
- Document Everything: Keep thorough records of joint financial accounts, property, and any documents that show you and your partner presented yourselves as married.
- Gather Witnesses: Testimony from friends, family, or community members can be crucial.
- Be Clear on Dates: The date your relationship began is critical. Courts will not recognize common law marriages formed after the cut-off dates.
- Consult an Attorney: Navigating these claims can be complex. Our team at Hobson & Hobson, P.C. is experienced in handling these matters and can guide you through the process.
Common Law Marriage and Divorce
If a common law marriage is recognized, dissolving the relationship requires a formal divorce process, just like any other marriage. This includes resolving issues such as property division, child custody, and alimony.
Frequently Asked Questions
How do you prove a common law marriage in Georgia?
You must provide evidence of a mutual agreement to be married, cohabitation, and public representation as a married couple. This only applies to relationships formed before January 1, 1997.
How do you prove common law marriage in Florida?
Only relationships formed before January 1, 1968, are eligible. You must show evidence similar to that required in Georgia: mutual agreement, cohabitation, and public representation.
What are the requirements for common law marriage?
Legal capacity, mutual agreement, cohabitation, and public representation as a married couple are essential. These requirements are strictly enforced and only apply to relationships formed before the respective cut-off dates.
Can I establish a new common law marriage in Georgia or Florida?
No. Both states have cut-off dates (Georgia: January 1, 1997; Florida: January 1, 1968) after which no new common law marriages can be formed.
Will Georgia or Florida recognize my common law marriage from another state?
Yes, if your common law marriage was validly established in a state that recognizes such unions, Georgia and Florida will generally recognize it.
Why Choose Hobson & Hobson, P.C.?
With over 30 years of combined experience, our attorneys provide expert guidance in complex family law matters, including divorce, child custody, and the unique challenges of common law marriage claims. We leverage advanced technology for efficient case management and offer empathetic, client-focused support throughout your legal journey.
Our approach balances innovative solutions with aggressive advocacy when needed, ensuring your parental rights and financial interests are protected. With five convenient office locations across Atlanta and surrounding areas, we are committed to making your legal experience as seamless as possible.
Contact us today for an initial consultation and let us help you make informed decisions during challenging times.
Additional Resources
- Georgia Code § 19-3-1
- Florida Statutes on Marriage
- National Conference of State Legislatures: Common Law Marriage
- Hobson & Hobson, P.C. Family Law Services
For more information or to schedule a consultation, visit thehobsonlawfirm.com.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.