Common Law Marriage
A common law marriage comes into existence even though the couple has never had an actual wedding (or has had a wedding that was invalid for some reason). When an unmarried couple lives together as “man and wife” for some length of time and hold themselves out to their families and the public as man and wife, many states will recognize the existence of a common law marriage.
The law varies widely from state to state. Most states do not recognize the formation of common law marriages within their own borders – but will consider those that are formed in other states as legal and valid. Other states will recognize them under certain limited circumstances. A lawyer who specializes in family and divorce law within your state should be able to help determine your status.
In Georgia, the person claiming the existence of a common law marriage has the burden of proving its formation. The parties must 1) be able to enter into legally binding contracts, 2) agree to live together as a married couple, and 3) consummate the agreement. All three of these requirements must be met at the same time.
Evidence that can be presented to help prove the existence of a common law marriage includes the following: 1) the couple has lived together as man and wife; 2) the parties have held themselves out to their families and to the world as a married couple; 3) the parties have a reputation throughout the community for being in a married relationship.
The question of whether a common law marriage exists is an issue for the jury or fact finder to decide. The finder of fact in the trial court will assess whether the party asserting its existence has presented sufficient legal evidence to show whether or not it exists.
Note that there is no such thing as a common law divorce. In general all marriages can only be dissolved in the same formal manner no matter how they are formed. You can learn more about these issues by contacting a competent family or divorce law attorney who is licensed to practice in your state.