Common law marriage was abolished in Georgia January 1, 1997. However, parties who were living together and holding themselves out as husband and wife prior to common law marriage being abolished may still have a common law marriage. In such instances, a divorce may be necessary to dissolve the marriage and divide marital property. If one party disputes that the elements of common law marriage exist, that party may ask the court to determine that there is no common law marriage. If the court rules that there is enough evidence that a common law marriage exists, then the case will be submitted to the court or to a jury to rule on the question of whether there is a common law marriage and, if so, how the property will be divided under the divorce statute. When the common law marriages that existed before 1997 that are "grandfathered in" are no longer in existence, there will be no more actions involving common law marriage in Georgia. Anyone living with a partner after 1996 has no action for common law marriage. I have represented clients in cases involving common law marriages.

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