Legal Question in Family Law in Georgia
Is my daughter's marriage legal?
My daughter is married with 2 children with her husband. She recently found a check from a joint checking acct with her husband and his ex-girlfriend's name on it as Mr. and Mrs. This was an account established in the state of Georgia, I believe in 1998. My daughter married this man in 2002. She asked if he was married. She thinks he married this woman or they had a common law marriage and wants to know if their marriage is legal. If not, what should she do? I found something about common-law marriages and that Georgia does them; they must live together and establish themselves as husband and wife, i.e. a joint bank acct with her taking his name (which this canceled check showed). If so, my search says another state will recognize them as married and that they would have to get a court ordered divorce. My daughter lives in Spring Lake, Michigan. What should she do? What are her rights?
2 Answers from Attorneys
Re: Is my daughter's marriage legal?
It sounds like your son-in-law is a bigamist, if he was married when he married your daughter. Bigamy is a crime. If true, she should seek an attorney and perhaps contact the prosecutor. Her status as his wife could be jeopardized, and her children's status of legitimacy is also an issue. You should investigate whether he is legally married to this other woman in Georgia. I'm not sure what is required of a "Common Law" marriage in Georgia. There is no such thing in Michigan. For more info., please contact my office at (248)851-3171.
Re: Is my daughter's marriage legal?
If a common law marriage was established in Georgia before January 1, 1997 then it is a legal marriage, and unless he got a divorce he could not marry anyone else (and is committing a crime of bigamy). If the relationship started after that date, he could not be in a common law marriage - as Georgia did not allow new ones after that date but continued to recognize the existing ones (to be married he would have needed a ceremony).
As there are serious legal consequences to bigamy, your daughter should talk to a lawyer right away.
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