Common law marriage in Georgia...are we common law husband and wife?

Question

So, my boyfriend and I have been together since 1996 when we were in high school. We have lived together for eight years and have two children together.

-Does this mean we are common law husband and wife or do you have to apply for a common law license?

-Can we get joint bank accounts if we are common law husband and wife?

Answer 1

Common law marriage was abolished in Georgia in 1997.  See Georgia Code § 19-3-1.1

But, you do not need to be married to open a joint account.

Answer 2

Here is a helpful link.  Regarding bank accounts, you can get  joint bank accounts for any reason...

http://www.unmarried.org/common-law-marr...

Answer 3

regardless of if you are common law you can ALWAYS open a joint bank account with him, your last names will not be the same though.

so lets say your BF's last name is smith and on the street / at school your known as Mrs. Smith but really your last name is Black. Your checks would have your legal last name.

Not sure if Georgia requires paperwork or a common law license or anything but if they require it in anyway shape or form why wouldnt you just get married and get the added benefits that come with it.

Also if you dont want to marry him, I would suggest that you get life insurance on him to protect you and your children should he die.

Answer 4

Georgia recognized a second, informal type of legal union known as common law marriage until Jan 1, 1997. Common law marriage occurred when a man and woman cohabited and proclaimed to the public that they were husband and wife (this could be done as easily as by signing a motel register as "Mr. & Mrs."). The justification for recognizing common law marriage is so that the children of such a union will not be considered to be illegitimate. There is no such thing as a common law divorce; a common law marriage must be terminated by the courts like any other marriage. Georgia does recognize common law marriages from other states where this form of marriage is still legal to make (such as South Carolina).

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Common Law Marriage

Common law marriage is permitted in a minority of states. To be defined as a common law marriage within the states listed below, the two parties must: agree that they are married, live together, and hold themselves out as husband and wife. Common-law marriage is generally a non-ceremonial relationship that requires "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." Black's Law Dictionary 277 (6th ed. 1990).

Before modern domestic relations statutes, couples became married by a variety of means that developed from custom. These became the elements of a "common-law marriage," or a marriage that arose by operation of law through the parties' conduct, instead of through a ceremony. In many ways, the theory of common-law marriage is one of estoppel - meaning that parties who have told the world they are married should not be allowed to claim that they are not married in a dispute between the parties themselves.

Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order.

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EDIT:

Are common law marriages legal in Georgia?

If the common law marriage was established in Georgia before January 1, 1997 or was legally established in a state that still recognizes common law marriages then it is a legal marriage. (O.C.G.A. §19-3-1.1)

Answer 5

georgia is a commonwealth.you need to check your states requirement for common law.google georgia common law marriage.