Crystal Wright | April 25, 2025 | Family Law
Common law marriage is often misunderstood. People frequently confuse it with other kinds of domestic partnerships. Some people think that living together for years means they are legally married. But that isn’t true in all states.
Georgia is one of the states where common law marriage is not recognized, but that doesn’t mean people in long-term partnerships don’t have legal rights. It’s important to know the marriage and domestic partnership laws in Georgia. This is especially true if you’re in a relationship and have questions about your rights.
What is Common Law Marriage?
A common law marriage is a type of informal marriage that is recognized by some states, where a couple is considered legally married without having gone through a formal ceremony or obtaining a marriage license.
To form a common law marriage, you need to meet a few key criteria. First, both partners must agree to be married. Second, they must live together. Lastly, they should present their relationship to others as a marriage, like calling each other husband and wife.
In states that allow common law marriage, a couple can be seen as married. This happens if they have lived together for a few years and meet specific conditions, even without an official wedding. These couples would have the same legal rights and obligations as couples who went through the formal marriage process.
Does Georgia Recognize Common Law Marriage?
Georgia does not recognize common law marriage. This means that, even if you and your partner have lived together for many years, share financial responsibilities, and consider yourselves to be married, Georgia law will not automatically grant you the legal status of a married couple.
Can a Common Law Marriage Be Created in Georgia?
Georgia does not recognize common law marriages made in the state. If a couple moves to a state that does, their relationship could be seen as a legal marriage there. If you and your partner had a common law marriage in Texas, that marriage is valid under Texas law. So, if you moved to Georgia, Texas would still recognize your marriage, even though Georgia does not allow common law marriages.
If you and your partner have always lived in Georgia and aren’t legally married, the state won’t recognize your marriage. This is true even if you meet some common law marriage conditions from another state.
Legal Alternatives to Common Law Marriage in Georgia
Although Georgia doesn’t recognize common law marriage, there are still legal avenues to protect your rights in a long-term relationship. Here are some alternatives:
Domestic Partnerships
Georgia does not recognize domestic partnerships or civil unions statewide. However, some local governments, like Atlanta, provide domestic partnership registries. These registries offer some legal benefits to unmarried couples. For example, they can grant hospital visitation rights and allow partners to make medical decisions for one another.
Cohabitation Agreements
If you’re living with your partner and want to establish certain legal rights, you can create a cohabitation agreement. This is a legal contract. It outlines financial responsibilities, property ownership, and other key issues for unmarried couples. A cohabitation agreement can protect your rights and clarify your intentions with your partner.
Estate Planning
In Georgia, unmarried couples do not have automatic rights when it comes to inheritance or making medical decisions for each other. You can create a will, power of attorney, and healthcare proxy to ensure that your partner has legal rights in these areas. These legal documents can provide peace of mind and avoid potential disputes.
Georgia Common Law Marriage
In Georgia, common law marriage isn’t recognized. Couples who live together for a long time without a formal ceremony or license won’t have the same legal rights as married couples. If you are in a common law marriage in a state that recognizes it, Georgia may accept your marriage. However, the requirements can vary. If you’re in a long-term relationship, think about protecting your rights. Understanding your legal options is essential to ensure that you and your partner are protected.
Contact Our Attorneys for a Free Consultation
At Crystal Wright Law, LLC, we understand that every family is unique and are committed to helping you find the best solution for your situation. Our experienced family law attorneys can provide the guidance and support you need to make informed decisions. Don’t face these challenges alone. Schedule a free consultation with Crystal Wright Law, LLC, to discuss your options and learn more about how we can help.
Contact us today to take the first step toward a brighter future for you and your family.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134
