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Common Law Marriage in Georgia

Georgia abolished common law marriage: none can be entered into on or after January 1, 1997, but valid ones formed before that date are still recognized.

Last checked . General information, not legal advice.

Georgia at a glance

New common law marriages allowed
No, abolished
Cutoff date
January 1, 1997
Otherwise valid common law marriages entered into before January 1, 1997 continue to be recognized.
Requirements
Not available for new marriages

Sources

Last checked

The rules in Georgia

Can a couple form a common law marriage in Georgia today?

No, abolished. New common law marriages allowed in Georgia: no, abolished.

When did Georgia stop recognizing new common law marriages?

Cutoff date in Georgia: January 1, 1997. Otherwise valid common law marriages entered into before January 1, 1997 continue to be recognized.

What are the requirements for a common law marriage in Georgia?

Requirements in Georgia: Not available for new marriages.

Where do the Georgia common law marriage laws come from?

The rules above come from O.C.G.A. 19-3-1.1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.