Family · Common-Law Marriage
Common-Law Marriage in Georgia
Whether Georgia lets a couple become married without a license, whether it honors a common-law marriage formed elsewhere, the elements that count, and why the seven-year rule is a myth. Cited to the statute or controlling law.
The rules and exceptions in Georgia
Whether you can form one here, whether a marriage from another state is recognized, and the elements that actually matter.
| The rule in this state | What it means |
|---|---|
| No new common-law marriage | Under O.C.G.A. §19-3-1.1, no common-law marriage may be entered into in Georgia on or after January 1, 1997. Since that date, living together and calling yourselves married creates no marriage. |
| The "7 years" myth | No length of cohabitation creates a marriage in Georgia. Living together for seven years, or thirty, makes no difference after the 1997 cutoff. Only a licensed, solemnized marriage, or a valid pre-1997 or out-of-state one, counts. |
| Fallback for unmarried couples | Unmarried partners have no automatic spousal rights in Georgia. They can address shared property through a cohabitation agreement or a contract claim, which is separate from marriage. |
| Exceptions and details | What it means |
|---|---|
| Georgia marriages formed before January 1, 1997 | The statute says otherwise valid common-law marriages entered into before January 1, 1997, are not affected and continue to be recognized in Georgia (O.C.G.A. §19-3-1.1). A couple who met the elements in Georgia before that date and never divorced is still married. |
| Out-of-state marriage is recognized | Georgia recognizes a common-law marriage validly formed in another state that allows one, under comity and the Full Faith and Credit Clause. A couple who validly became common-law married in Texas or Colorado and then moved to Georgia stays legally married for divorce and inheritance. |
| The claimant must prove it | The person asserting the marriage must prove it met the requirements of the state where it was formed, or of Georgia before 1997, such as agreement, cohabitation, and holding out. Georgia courts examine that law. |
What you can do right now
Concrete, neutral steps to confirm your marital status in Georgia. This is legal information, not legal advice.
- Do not assume living together makes you married
Georgia creates no common-law marriage on or after January 1, 1997, no matter how long you cohabit. Without a licensed marriage or a valid pre-1997 or out-of-state one, you are not spouses in Georgia.
- Check whether your Georgia marriage predates the cutoff
If you and your partner met the common-law elements in Georgia before January 1, 1997, and never divorced, you may still be married under O.C.G.A. §19-3-1.1. Gather records that show the agreement, cohabitation, and holding out from that period.
- If you moved from a recognizing state, you may be married
If you validly formed a common-law marriage in Texas, Colorado, or another state that allows one, Georgia recognizes it under comity. Keep records that prove the marriage met that state’s rules.
- Talk to a Georgia family lawyer about status
Whether a pre-1997 or out-of-state marriage is recognized turns on the facts and on that state’s law. A licensed Georgia family attorney can assess it for divorce or inheritance. The state bar can refer you to one.
Whether a common-law marriage exists or is recognized turns on specific facts and dates. This resource can connect you with a licensed family attorney who can assess it.
→ State Bar of Georgia · Find a LawyerThis is general legal information, not legal advice. The elements, the dates, and out-of-state recognition can change the answer, so confirm your status with a licensed attorney.
What people get wrong about Georgia common-law marriage
Georgia abolished common-law marriage as of January 1, 1997, and that date is what decides most cases. Under O.C.G.A. §19-3-1.1, no common-law marriage may be entered into in Georgia on or after January 1, 1997, so living together now creates no marriage no matter how long it lasts. The familiar seven-year rule is a myth. Two groups are still married, though. The statute expressly says otherwise valid common-law marriages entered into before January 1, 1997, are not affected and continue to be recognized. And Georgia, like other states that abolished common-law marriage, still recognizes one validly formed in a state that allows it, through comity and the Full Faith and Credit Clause. So a couple who validly became common-law married in Texas or Colorado and then moved to Georgia stays legally married for divorce, alimony, and inheritance. Whoever claims the marriage must prove it met the other state’s requirements, or Georgia’s rules before 1997. Partners who never married and never formed a valid one elsewhere have no automatic spousal rights here.
Common questions
Does Georgia recognize common-law marriage?
Not new ones. Under O.C.G.A. §19-3-1.1, no common-law marriage may be entered into in Georgia on or after January 1, 1997. But Georgia still recognizes one formed in Georgia before that date, and a valid out-of-state one.
When did Georgia abolish common-law marriage?
January 1, 1997. Common-law marriages validly entered into in Georgia before that date remain recognized, but no new Georgia common-law marriage can form on or after it.
Is there a seven-year rule in Georgia?
No. No length of cohabitation creates a marriage in Georgia. Only a licensed, solemnized marriage, or a valid pre-1997 or out-of-state one, makes a couple legally married.
We were common-law married in another state and moved to Georgia. Are we married?
Generally yes. Georgia recognizes a common-law marriage validly formed in a state that allows one, under comity and full faith and credit. You must prove it met that state’s requirements.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.