Common Law Marriage in Georgia: Is It Recognized? (2026)

Georgia does not allow new common law marriages. Under O.C.G.A. § 19-3-1.1, Georgia abolished the formation of new common law marriages effective January 1, 1997. Couples who established a valid common law marriage in Georgia before that date remain legally married. Georgia also recognizes a common law marriage that was validly formed in another state that permits them.

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses Georgia state law on common law marriage under O.C.G.A. § 19-3-1.1 and Georgia case law. For a comparison of all fifty states and the District of Columbia, see Common Law Marriage by State.

Does Georgia Recognize Common Law Marriage?

Georgia no longer allows couples to form a common law marriage within the state. The Georgia General Assembly enacted O.C.G.A. § 19-3-1.1, which provides that no common law marriage shall be entered into in Georgia on or after January 1, 1997. Couples who began living together or who held themselves out as married on or after that date have not formed a legally recognized marriage under Georgia law, regardless of how long they have cohabited.

Before January 1, 1997, Georgia did recognize common law marriage formation. A couple who satisfied the traditional requirements under Georgia common law before the cutoff date entered into a valid marriage that continues to be recognized today. That marriage did not expire when the statute changed. The couple remains legally married until a Georgia court issues a divorce decree.

Georgia also recognizes a common law marriage validly formed in another state. If a couple established a valid common law marriage in Colorado, Texas, Iowa, or another jurisdiction that permits such marriages, Georgia will treat that marriage as valid when the couple moves to Georgia or when their marital status becomes relevant in a Georgia proceeding. This recognition flows from the Full Faith and Credit Clause of the United States Constitution and from common law comity principles that Georgia courts have applied consistently.

The 1997 Abolition: What Changed and What Did Not

Prior to January 1, 1997, Georgia recognized common law marriage formation under the traditional common law standard. A couple could form a valid marriage without a license or ceremony by satisfying three requirements: a present, mutual agreement between two legally capable persons to be husband and wife; actual cohabitation; and a public holding-out as a married couple.

O.C.G.A. § 19-3-1.1 ended prospective formation of common law marriages. The statute reads plainly: no common law marriage shall be entered into in this state on or after January 1, 1997. The statute did not retroactively invalidate marriages already formed. Georgia courts have confirmed that a common law marriage meeting the pre-1997 requirements is a valid marriage that all Georgia courts, agencies, and private parties must recognize.

The practical impact of the 1997 cutoff falls into two groups. Couples who believe they formed a common law marriage in Georgia before 1997 still need to prove that marriage existed if it becomes relevant in a legal proceeding. Couples who moved to Georgia or began a relationship on or after January 1, 1997 cannot form a Georgia common law marriage, no matter how long they live together or how they present themselves publicly.

Couples in long-term unmarried relationships formed after 1997 who want legal recognition should obtain a marriage license and participate in a marriage ceremony under O.C.G.A. § 19-3-1, which sets out the standard licensing and solemnization requirements for a formal marriage in Georgia.

Out-of-State Common Law Marriages: Georgia Recognizes Them

Georgia recognizes a common law marriage that a couple validly formed in a state where common law marriage formation is permitted. This recognition is not discretionary. Georgia courts apply the principle that a marriage valid where it was celebrated is valid in Georgia, unless the marriage violates Georgia public policy.

States where couples may still form common law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and the District of Columbia, among others. If a couple living in Colorado satisfies Colorado's requirements for a common law marriage, that marriage is valid in Georgia when the couple moves here.

For a couple asserting an out-of-state common law marriage in a Georgia proceeding, the relevant legal question is whether the marriage was valid under the law of the state where it was formed. Georgia courts look to that state's requirements, not Georgia's abolished standard, to determine whether a valid marriage exists.

This distinction matters practically for matters of inheritance, property ownership, spousal benefits, medical decision-making, and divorce jurisdiction. A spouse in a valid out-of-state common law marriage has the same legal rights in Georgia as a spouse in a ceremonially licensed Georgia marriage.

How to Prove a Pre-1997 Georgia Common Law Marriage

Because no state agency issued a marriage certificate for a common law marriage, proof of the marriage must come from other evidence. Georgia courts have considered the following categories of evidence in cases involving pre-1997 common law marriages:

Present agreement to be married. The parties must have agreed at a specific point in time to be married to each other, not merely to live together or to consider themselves in a committed relationship. Courts distinguish a present-tense agreement ("we are married") from a future intent ("we plan to get married"). Written declarations, testimony from each party, or contemporaneous statements to others can establish this element.

Cohabitation. The parties must have lived together as a couple. Duration of cohabitation can corroborate the marriage claim, but Georgia law never required any particular number of years. The cohabitation requirement ensures the agreement was acted upon, not merely stated.

Holding out publicly as a married couple. This means the parties presented themselves to the community as husband and wife. Evidence includes using the same last name, filing joint tax returns, listing each other as spouses on insurance or employer forms, introducing each other as husband or wife, and being treated as a married couple by family and friends.

Georgia courts apply a clear-and-convincing evidence standard in some contexts when a party seeks to establish a common law marriage, particularly in contested inheritance or divorce proceedings. Strong, corroborated documentary evidence is important. An experienced Georgia family law attorney can advise on assembling the appropriate proof for a specific situation.

How a Common Law Marriage Ends in Georgia

A common law marriage is a legal marriage. It ends only in the same ways that any Georgia marriage ends: by the death of one spouse or by a divorce decree issued by a Georgia superior court.

There is no such thing as a "common law divorce." A couple who formed a valid common law marriage before 1997 cannot end the marriage simply by separating, agreeing to part ways, or announcing that the marriage is over. Without a formal divorce, both parties remain legally married. This has significant consequences for property, inheritance, remarriage, and benefits.

To obtain a divorce from a common law marriage, the spouse initiating the proceeding files a divorce petition in the superior court of the county where the defendant spouse resides, following the same procedural rules that govern any Georgia divorce under O.C.G.A. § 19-5-1 et seq. Georgia courts have jurisdiction to grant a divorce from a valid common law marriage in the same way they would from a licensed marriage.

Watch out: The seven-year cohabitation myth is widespread. No Georgia statute or court decision ever required seven years of living together to form a common law marriage. If a person was told that "after seven years it counts," that is incorrect. The test was always agreement, cohabitation, and holding out. The number of years never mattered.

Georgia Alimony and Child Support After a Common Law Marriage

A spouse in a valid pre-1997 common law marriage has the same legal rights in a Georgia divorce as any other spouse. That includes the right to seek alimony under O.C.G.A. § 19-6-1. In deciding whether to award alimony at all, the court considers the conduct of each party toward the other under § 19-6-1. In setting the amount, Georgia courts apply the multi-factor test at O.C.G.A. § 19-6-5, which considers the standard of living established during the marriage, the duration of the marriage, each party's financial resources, and each party's contributions to the marriage, among other factors.

Children born to a common law marriage have the same rights as children of any Georgia marriage, including the right to child support under Georgia's child support guidelines. Parentage established through a valid common law marriage is treated identically to parentage in a licensed marriage.

For more on how Georgia calculates spousal support following a divorce, see Georgia Alimony Laws. For child support, see Georgia Child Support Laws.

Legal disclaimer: This page provides general legal information, not legal advice. Georgia common law marriage law is fact-specific and depends on individual circumstances, dates, and evidence. Statutes and case law may change. Verify all information with a licensed Georgia family law attorney for advice on your specific situation. Information on this page reflects statutes and case law in effect as of June 2, 2026.

Last updated: June 2, 2026. Statutes cited reflect their in-force version as of June 2, 2026.

More Georgia Laws

• Georgia Alimony Laws
• Georgia Divorce Laws