Is Georgia Common Law Marriage Valid?

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ShannaH

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I lived in Georgia in the early 90's with someone. I had lived with him for years (in Georgia, Virginia, and Oklahoma), but for most of the time I was married to someone else. The time we were together everyone thought we were husband and wife, we did file tax returns together and he claimed my son as a dependant on his taxes (filed head of household). We had a lease together but I did not change my name to his.

I received my final order of divorce sometime in early '94 (still have to verify date) and continued living with this person in Georgia. Several months after I became divorced I left the person I had been with in Georgia and moved to Virginia.

Are we married?

Also the person I lived with got married to someone else a year later by ceremony and certificate. Is there marriage valid?
 
The only three ways I know to prove a common law marriage are these:

1. Death. The other party opens probate as a surviving spouse.

2. Divorce. One party files a lawsuit against the other to get divorced.

3. Declaration. One party asks a court to declare they are married.


Did any of those three things happen?

If not, no one can answer your question.
 
Thank you. The reason I ask is because the man I was living with in Georgia (who remarried) has stated that he is thinking about looking into having our time together declared. I'm sure there are plenty of people (including the sheriff, who was our landlord for a time) who would be able to corroborate his story.

I'm not sure if it's pertinent, but in the years we have been apart I myself have never remarried.
 
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And what does your ex hope to gain by that?
 
To be honest, I'm not completely sure, but I do know that he is someone who would try to follow through. Perhaps he would like to have his current marriage dissolve without a divorce, or it may be that he would like to think that he and I are married since he claims he still loves me after all these years. Another reason may be that he's heard through the grapevine that I'm thinking of marrying again soon. I'm sorry I can only speculate.
 
Tell him to bite rocks.

Big ones.

And without his dentures.
 
Point taken. Bottom line, if he were to pursue this could it actually happen? Should I worry?

He still lives in the area. If he were to try and delare that we are married is it even possible 13 years after the fact?
 
ShannaH said:
Point taken. Bottom line, if he were to pursue this could it actually happen? Should I worry?

He still lives in the area. If he were to try and delare that we are married is it even possible 13 years after the fact?
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Law sakes, woman!

If I could answer these questions, I'd be at the casino!
 
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