Common Law Marriage and Divorce in Georgia

Common law marriage is recognized by the state of Georgia and indicates to marriages created before 1/1/97. The concept of common law marriage means that:

• A couple has been living together.
• They have portrayed to the world that they are married.
• Are known by community as husband and wife.
• Have been filing tax returns jointly ever since they started living together.
• Using same last names.
• Consider to be a married couple.

So those who are considered married under the common law marriage, need a legal divorce for dissolution of the same. Thus to be married according to common law it is not necessary that a wedding ceremony was conducted for the marriage but it is mandatory that the divorce was handed out by the courts in Georgia.

Georgia has very stringent residency requirements for filing divorce. Thus if a divorce has to be filed in Georgia, it would be wise to consult an expert divorce lawyer from Georgia. Divorce in US is under state law and hence a local divorce lawyer would be adept in handling the particular case with finesse and expertise due to thorough understanding of local laws. Moreover lawyers from the area would be having more experience handling local cases and hence would be familiar with the court system of the place.

The state of Georgia recognizes and permits fault divorces as well as no fault or irreconcilable differences type of divorce. No fault divorces do not require any evidence of fault for being granted divorce if the relationship has ended and is found to be non viable. On the other hand, fault divorces require that grounds under which divorce is filed for, is proved with substantial evidence for support, in court. Residents, of 6 months or more, in the state can file for a divorce in Georgia while out of state residents can file against spouse who is a resident of Georgia. There is no absolute requirement for any specified period of separation and are considered to be eligible for divorce even if they continue to inhabit the same house. There is provision to file for divorce on the very same day of separation.

Divorces for dissolution of common law marriage also have disputes with respect to child custody, child support, spousal support, property, visitation rights etc. Even though the couple was not married traditionally or legally, the marriage is recognized by the state government and given legal status. Couples who have formally separated also need to get a divorce, if one of them wishes for legal separation. It is their right and no force should be used to bind a person to a relationship he no longer appreciates.