Common Law Marriage in GA

Georgia law does not recognize common law marriages contracted in Georgia after January 1, 1997.  However, a recent GA Supreme Court case shows that the issue can still arise in courts of this state.  In Norman v. Ault, the GA Supreme Court held that a common law marriage could be recognized in a GA trial court if the marriage was contracted in a state that recognized such a marriage and if the party relying on the existence of that marriage gave notice in writing that he intended to rely upon the law of another state in proving the validity of the marriage.  The wife in that case had done both.

If the existence of a common law marriage is an issue in your case, you should speak to an experienced divorce/family law attorney.  Do not assume that because GA law prohibits common law marriage that your marriage might not be considered valid in a GA court.