No. Georgia is not a common law marriage state for any relationship that began on or after January 1, 1997. Under Georgia law (O.C.G.A. § 19-3-1.1), no new common law marriage can be created in Georgia on or after that date. Georgia still recognizes two kinds of common law marriage: one that was validly formed in Georgia before January 1, 1997, and one that was validly formed in another state that allows it.
If you and your partner started living together in Georgia in 1997 or later, you are not married under Georgia law, no matter how long you have been together, unless you get a marriage license and marry. That matters for property, inheritance, benefits and, for immigrant families, for any green card or visa based on marriage.
Does Georgia Recognize Common Law Marriage?
Yes, but only in two situations:
- The marriage was formed in Georgia before January 1, 1997. The statute that ended common law marriage says marriages formed before that date “shall continue to be recognized in this state.”
- The marriage was validly formed in another state. The Georgia Supreme Court has held that Georgia will recognize a common law marriage established under the laws of another state (Norman v. Ault, 2010). The court looks at the other state’s law to decide whether a marriage was actually formed there. You must have met that state’s requirements, which usually means you actually lived there as a married couple. A short visit is generally not enough.
A couple who simply live together in Georgia today, share a home, or call each other husband and wife is not married under Georgia law.
What Were the Requirements for a Georgia Common Law Marriage Before 1997?
To prove a common law marriage formed in Georgia before January 1, 1997, a couple generally has to show the same three things Georgia requires for any valid marriage (O.C.G.A. § 19-3-1):
- Capacity. Both people were legally able to marry. For example, they were old enough and neither was still married to someone else.
- An agreement to be married. Both people agreed to be married to each other, now, not at some point in the future. No written contract was required.
- Consummation. The couple lived together as a married couple and held themselves out to others as married, for example by using the same last name, filing taxes as married, or introducing each other as husband or wife.
All three had to exist before January 1, 1997. If one of the partners was still legally married to someone else at the time, there was no common law marriage until that earlier marriage ended, and if that happened in 1997 or later, a Georgia common law marriage could no longer form.
How Long Do You Have to Live Together for a Common Law Marriage in Georgia?
There is no number of years. Georgia never had a rule that living together for seven years (or any other period) creates a marriage. Before 1997, what mattered was the agreement to be married and living as a married couple, not the length of the relationship. Since January 1, 1997, no amount of time living together creates a marriage in Georgia.
Is There a Common Law Divorce in Georgia?
No. There is no informal way to end a marriage. If you have a valid common law marriage (one formed in Georgia before 1997, or in another state that allows it), it is a real marriage, and ending it requires a divorce granted by a court, the same as a ceremonial marriage. Simply moving out does not end it.
This matters if either of you wants to marry someone else later. If a valid common law marriage was never ended by divorce, a later marriage may not be valid, and that can cause serious problems in a marriage-based immigration case.
If you were never in a valid common law marriage, there is nothing to divorce, but questions about shared property, debts or children are still legal questions worth raising with a lawyer.
Does USCIS Recognize Common Law Marriage?
For immigration purposes, USCIS generally decides whether a marriage is valid by looking at the law of the place where the marriage was formed (the “place of celebration” rule). In its naturalization guidance, the USCIS Policy Manual says USCIS recognizes a common law marriage if it was valid and recognized in the state where it was established.
That means:
- A common law marriage validly formed in Georgia before January 1, 1997, or in a state or country that allows common law marriage, can support a marriage-based petition, such as a Form I-130 filed by a U.S. citizen or green card holder for a spouse.
- A Georgia relationship that began in 1997 or later is not a marriage for immigration purposes. The couple would need to marry with a license before filing a spousal petition.
- The same rule applies when you count time “married to” a U.S. citizen for the three-year naturalization rule.
How do you prove a common law marriage for a green card (Form I-130)?
A common law marriage has no marriage certificate, so the evidence has to do that job. USCIS will want to see that the marriage met every requirement of the state where it was formed, and the date it was formed. Useful evidence can include:
- Proof you lived together in that state, such as leases, deeds or utility bills in both names at the same address.
- Documents where you held yourselves out as married, such as joint tax returns filed as married, insurance policies listing the other person as spouse, or bank and loan records.
- Birth certificates of children listing both parents.
- Sworn statements from both partners, and from relatives or friends, describing when you agreed to be married and how you lived as a married couple.
- Any official record the state allows. Some states let couples register or declare an informal marriage.
You also need to show the marriage is genuine, just as in any marriage case, and that any earlier marriage of either spouse had legally ended before the common law marriage began. Read more about how long an I-130 takes and our family immigration services.
Should you get a formal marriage anyway?
Often, yes. If there is any doubt that your relationship meets the requirements, a ceremonial marriage with a license gives you a marriage certificate USCIS can rely on. The trade-off is that the marriage date on the certificate is the new date, which can affect whether the green card is a two-year conditional card. See IR6 vs CR6 and removing conditions on a green card. Talk to a lawyer before deciding.
What Rights Does a Valid Common Law Marriage Give?
A valid common law marriage is a marriage. Spouses in a recognized common law marriage generally have the same legal status as spouses in a ceremonial marriage, including rights tied to divorce, property division, inheritance and spousal benefits. The hard part is usually proof: because there is no certificate, the spouse claiming the marriage often has to prove it with evidence, and the other side may dispute it.
Common Law Marriage in Georgia: FAQ
Is Georgia a common law state?
Not for new relationships. Georgia abolished new common law marriages effective January 1, 1997. Common law marriages formed in Georgia before that date, and those validly formed in other states, are still recognized.
Is common law marriage legal in Georgia?
You cannot create one in Georgia today. If yours was formed before January 1, 1997, or validly formed in another state, Georgia treats it as a legal marriage.
How long do you have to live together to be common law married in Georgia?
There is no time requirement, and since 1997 living together for any length of time does not create a marriage in Georgia.
We moved to Georgia from a state that allows common law marriage. Are we married?
Possibly. Georgia will recognize the marriage if it was validly formed under the other state’s law. Whether it was depends on that state’s rules and on the facts, including whether you actually lived there as a married couple.
Do we need a divorce to end a common law marriage in Georgia?
Yes, if the common law marriage is valid. There is no common law divorce.
Can I sponsor my common law spouse for a green card?
If the marriage was valid where it was formed, it can generally support a spousal petition, but you must prove it with strong evidence. If your relationship began in Georgia in 1997 or later, you would need a ceremonial marriage first.
Talk to a Lawyer About Your Marriage and Immigration Case
BCA Law Firm is an immigration law firm in Norcross, Georgia, and the firm also handles family law matters. We can review whether your relationship is a marriage that USCIS will accept and what evidence you would need for a spousal petition.
Consultations are 30 minutes and cost $175, at our office at 700 Holcomb Bridge Road, Norcross, GA 30071, or online. Our hours are Monday to Friday, 9:00 a.m. to 6:00 p.m. Call 678-292-6111 or book a consultation online.
Related reading: Family immigration lawyer · How long does an I-130 take? · IR6 green card category · How a divorce immigration lawyer can help
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
