In Georgia, couples who get married enjoy the unique obligations, rights, and protections this legal status provides at the state and federal levels. Married couples can enjoy tax benefits by filing joint income tax returns, which has the potential for tax savings. They can also benefit from estate tax benefits and inherit each other’s property without a will. The purpose is to address marriage’s legal, financial, and social obligations.
But can couples yet to get married enjoy these benefits as well?
Yes, but under special arrangements in a common-law marriage.
In this comprehensive blog, you will learn how to legally obtain and enjoy the benefits, rights, and protections that come with marriage without actually getting married. Read on below:
What Is a Common Law Marriage?
A common-law marriage offers the same benefits as a traditional marriage to couples who have yet to formalize their union. Such couples typically have lived with each other for a long time and intend to get married at some point.
“Georgia banned common-law marriages in 1997, meaning you can no longer form a common-law marriage in this state. However, common marriages established before this date are still formally recognized,” says attorney Allen Russell of Atlanta Divorce Law Group.
Typically, couples had to meet specific requirements for the state to grant common-law marriage status and all its benefits. They are:
- The couple must have lived together for some time, although no specific window was mandated
- The couple must have the legal right to marry
- Each individual is deciding on their own free will
On top of that, the couple must present themselves to the community as married. Couples did this in several ways, like taking the same last name, referring to each other as spouses in public, and having a joint bank account.
Couples who wished to get a common-law marriage status had to provide evidence to the court proving their married status. This evidence included, but was not limited to:
- Joint tax returns
- Joint property ownership documents
- Estate documents showing the other partner as a source
- School records naming both parents as spouses
– and any other supporting documents.
Ending a Common Law Marriage
However, when one of the spouses passes away, the remaining partner will have to prove their marriage to inherit property. Doing this will allow them to get social security and insurance benefits. To grant these benefits, the court will first verify whether a common-law marriage existed by analyzing the presented documents.
How about when the marriage is ending not due to death but a voluntary choice by one or both individuals in a divorce? What happens then?
It is important to note that once Georgia recognizes a couple in a common-law marriage, only the courts can sever the relationship in a typical divorce procedure.
The divorce begins when one of the spouses files for divorce in the county where the couple resides. However, before the procedure begins, the court will first determine whether a common-law marriage exists between the divorcing couple.
In such circumstances, it is best to seek legal counsel from a qualified Georgia divorce lawyer. They have a deep understanding of the state’s legal statutes and precedents. As such, they will analyze your case and advise you on the best legal options, putting your best interests at the forefront.
