Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Common Law Marriage Divorce

A Common Law Marriage is a marriage created without a marriage license. The State of Georgia only recognizes Common Law Marriages if they were set up before January 1, 1997. After this date, Georgia will not recognize a relationship as a legal marriage.

If you are in a Common Law Marriage created before 1997, then you will need to file for a divorce to end your marriage. Only the court can end your marriage through a divorce decree.

If you established your Common Law Marriage in another state, Georgia will recognize your marriage as legal. However, each state has different requirements for Common Law Marriage. You’ll need to confirm the other state recognizes your Common Law Marriage. If they do, then you can proceed with getting a common law divorce in Georgia.


The factors that decide if you have a Common Law Marriage include:

To prove a Common Law Marriage, there is no minimum time period for cohabitation. Proving that both people intended to live as a married couple is the biggest issue in deciding if you have a Common Law Marriage.


If you have questions about Common Law divorce, please contact the common law attorneys at Bivek Brubaker & Prescott. One of our partners will personally represent you – not a junior associate. We take the time during your consultation to answer your questions and advise you about your divorce from your Common Law Marriage. Please contact us or call 404-793-6530 to speak with one of our highly qualified Georgia divorce attorneys.

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