Legal Question in Family Law in Georgia
Commonlaw Marriage - Georgia
As I understand, common law marriage in Georgia was no longer recognized as of 1/1/97, is this true? If a couple presented themselves as married prior to this date (therefore, married by common law only) and they separate in 2002, do they need to get a divorce?
2 Answers from Attorneys
Re: Commonlaw Marriage - Georgia
Well, it depends. I would recommend obtaining a divorce if there are children, marital property, marital debts, etc. Please give me a call to discuss the particulars of your situation so that I may aid you further on the matter.
Re: Commonlaw Marriage - Georgia
Your issue of whether a couple that was "married" under the common law system of Georgia needs a divorce if they want to part company after the abolition of common law marriage. I would advise a divorce if there are children, assets and/or debt to be considered. The reason is that the children would have to be provided for and custody must be determined. Also the assets and/or debt that were accumulated during the marriage must be divided. Contact me to further discuss the specific circumstances of your situation.
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