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Issue: What is the status of common law marriage in Georgia?
| Area of Law: | Family Law |
| Keywords: | Common-law marriage; Legally recognized; Cohabitation |
| Jurisdiction: | Georgia |
| Cited Cases: | 99 S.E.2d 352; 66 S.E.2d 226; 6 S.E.2d 687 |
| Cited Statutes: | Ga. Code Ann. § 53-101 |
| Date: | 02/01/2001 |
Georgia recognizes common law marriages; but cohabitation without an agreement does not constitute such a marriage. Johnson v. Johnson, 96 Ga. App. 84, 99 S.E.2d 352 (1957). A marriage relationship arises out of the voluntary contract of the parties, whereby they mutually consent to thenceforth be husband and wife. It is not necessary that it be solemnized by a person in holy orders or in "facie ecclesiae." See Lefkoff v. Sicro, 189 Ga. 554, 6 S.E.2d 687 (1939) (discussing Ga. Code Ann. § 53-101).
In Georgia, therefore, the parties simply must live together under agreement of marriage; a formal ceremony is not necessary. Campbell v. Allen, 208 Ga. 274, 66 S.E.2d 226 (1951).
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