Common law marriage is a concept that often leads to confusion, especially when couples live together for extended periods and assume they have the same legal rights as those who are formally married. While some states recognize common law marriage, others do not. If you live in Tennessee or Georgia, it’s important to understand how these states treat common law marriage and what that means for your legal rights. This blog will explore the status of common law marriage in Tennessee and Georgia, how it differs from formal marriage, and what couples can do to protect their rights.
What Is Common Law Marriage?
Common law marriage is a legal arrangement where a couple is considered married without having gone through a formal ceremony or obtained a marriage license. Instead, the couple must meet specific criteria, which typically include:
- Cohabitation: The couple lives together as if they are married.
- Mutual Agreement: Both parties intend to be married and present themselves as a married couple to others.
- Public Representation: The couple holds themselves out to the community as being married (e.g., using the same last name or referring to each other as “husband” or “wife”).
While common law marriage can provide legal recognition for couples who meet these criteria, its validity depends on state laws.
Does Georgia Recognize Common Law Marriage?
Georgia does not currently allow couples to enter into a common law marriage. However, there is an important exception for older relationships.
Georgia’s Legal Status
- In 1997, Georgia passed a law (O.C.G.A. § 19-3-1.1) abolishing the ability to form new common law marriages within the state.
- However, common law marriages established before January 1, 1997, are still recognized as valid under Georgia law.
For example:
- If a couple began living together in Georgia before 1997 and met the criteria for a common law marriage at that time, their relationship may still be legally recognized as a marriage today.
- Couples who began cohabiting after 1997 cannot claim common law marriage status in Georgia.
Recognition of Out-of-State Common Law Marriages
Georgia does recognize valid common law marriages formed in other states where such arrangements are legal. This is based on the principle of “comity,” which requires states to honor legal marriages from other jurisdictions.
Does Tennessee Recognize Common Law Marriage?
Tennessee does not recognize common law marriage under any circumstances. Unlike Georgia’s exception for pre-1997 relationships, Tennessee has never allowed couples to establish a common law marriage within the state.
Recognition of Out-of-State Common Law Marriages
Similar to Georgia, Tennessee will recognize a common law marriage if it was validly established in another state where such arrangements are permitted. For example:
- If a couple lived in Texas (a state that recognizes common law marriage) and met all the requirements there before moving to Tennessee, their marriage would be recognized as valid under Tennessee law.
Key Differences Between Common Law Marriage and Formal Marriage
Whether you live in Tennessee or Georgia, understanding how common law marriage differs from formal marriage is crucial:
| Aspect | Common Law Marriage | Formal Marriage |
|---|---|---|
| Legal Process | No ceremony or license required; based on behavior and intent | Requires a license and official ceremony |
| Documentation | No automatic documentation; proof may require evidence like joint accounts or witness testimony | Marriage certificate serves as proof |
| Legal Rights | Offers similar rights if recognized (e.g., inheritance, spousal support) | Full legal rights granted automatically |
Why Does It Matter?
The distinction between formal and common law marriages has significant implications for couples, particularly when it comes to legal rights such as:
- Property Division: In divorce proceedings, only legally recognized marriages (including valid common law marriages) are entitled to equitable division of marital property.
- Inheritance Rights: Spouses in legally recognized marriages have automatic inheritance rights under state laws if their partner dies without a will.
- Spousal Support: Alimony may only be awarded if the relationship qualifies as a legal marriage.
- Healthcare Decisions: Only legally married spouses can make medical decisions on behalf of an incapacitated partner without prior authorization.
For couples in long-term relationships who are not legally married, these rights may not apply unless they take additional steps like drafting wills, healthcare proxies, or cohabitation agreements.
What Should Couples Do?
If you live in Tennessee or Georgia and want to ensure your relationship is protected legally:
- Consider Formal Marriage: If you want full legal recognition of your relationship and access to spousal rights, obtaining a marriage license is the most straightforward option.
- Draft Legal Documents: Unmarried couples can protect their interests by creating cohabitation agreements, wills, powers of attorney, and healthcare directives.
- Understand State Laws: If you previously lived in a state that recognizes common law marriage and believe your relationship qualifies, consult an attorney to confirm whether your marriage will be recognized after moving to Tennessee or Georgia.
- Seek Legal Advice: An experienced family law attorney can help clarify your rights and recommend steps tailored to your situation.
States That Recognize Common Law Marriage
As of today, only a handful of states still allow couples to form new common law marriages. These include:
- Colorado
- Iowa
- Kansas
- Montana
- Texas
- Utah
Additionally, some states recognize common law marriages under specific circumstances or have abolished them but continue to honor older relationships established before specific dates (as in Georgia).
Conclusion
Common law marriage is not recognized for new relationships in either Tennessee or Georgia—though Georgia continues to honor those formed before 1997 and both states recognize valid out-of-state common law marriages. For couples living together without formalizing their relationship through marriage, understanding these distinctions is essential for protecting your legal rights.If you’re unsure about your marital status or need assistance with legal protections for your relationship, consulting with an experienced family law attorney can provide clarity and peace of mind.
Disclaimer
The information provided on this blog is for general informational purposes only and is not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction.
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