Georgia will recognize a common law marriage that was validly formed in a state that still allows them, even if it was formed after Georgia closed the door on its own.
The 1997 Bar Is About Georgia
OCGA 19-3-1.1 says that “[n]o common-law marriage shall be entered into in this state on or after January 1, 1997.” The Supreme Court of Georgia has read that limit literally. OCGA 19-3-1.1 “is limited to marriages occurring in [Georgia] and was never intended to affect persons lawfully married outside of [Georgia].” Norman v. Ault, 287 Ga. 324 (1) (2010).
Quoting a Florida decision, the Court noted that a contrary reading “would have the effect of converting lawful marriages into adulterous relationships and bastardizing children from those relationships.” So Georgia, “like other states not generally recognizing common law marriages, will recognize as valid a common law marriage established under the laws of another state.” Norman, 287 Ga. 324 (1).
How It Played Out
In Norman, the couple began living together in Alabama in 1989 and moved to Georgia in 1998. Alabama still permitted common law marriage. A Georgia jury found they had become married under Alabama law, and the Georgia trial court granted a divorce and awarded the wife $54,000 in lump sum alimony. The Supreme Court affirmed.
The Other State’s Law Controls
The elements are the other state’s, not Georgia’s. In Norman, the Court applied Alabama’s test, which asks for capacity, a present mutual agreement to enter the marriage, and public recognition of the relationship together with cohabitation.
That also means the other state’s law has to be raised properly in the Georgia case. If it is not, a Georgia court will apply Georgia law, and Georgia law has not allowed a new common law marriage since 1997.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!