Common Law Divorce in Georgia
Even though you may not have had an actual wedding, complete with the preacher and a lavish reception, you may still be legally married. If both parties consent to being husband and wife, live together are not married to anyone else, this is a valid common law marriage. As with the dissolution of any marriage, you must file with for a divorce with the court of law. If you have lived in Georgia for at least six months, then you and your spouse must file for your divorce in Georgia.
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Time Frame
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If you do not fall within certain time frames, you may not need to file for a common law divorce in Georgia. If you and your spouse established a common law marriage before January 1, 1997, or in a state that currently recognizes common law marriage, your marriage is legally recognized in the state of Georgia. Common law marriages that begin in Georgia after this date are not legally binding or valid in Georgia.
Misconception
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Do not believe the misconception that because no ceremony was hold and no license obtained, a divorce is not necessary to end a common law marriage. If you have met all time frames and requirements of a common law marriage and had that marriage validated in the state of Georgia, the marriage may only be ended by a decree of the court. Being legally separated by the courts does not end your marriage. The divorce process for a common law marriage in Georgia is the same as for those couples who received a marriage license.
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Grounds For a Divorce
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The state of Georgia recognizes 12 fault grounds on which you may file for a divorce; they include imprisonment, mental incapacity, fraud in obtaining the marriage, adultery, habitual intoxication or drug abuse, cruel treatment or incurable mental illness. If your spouse has willfully deserted you for a year, you may file for divorce. If your wife becomes pregnant by another man, this is grounds for you to file for divorce. Any marriage involving incest is technically invalid from the beginning. Your other option is the no-fault grounds, in which one spouse establishes to the courts that the marriage is irretrievably broken and there is no chance for reconciliation.
Custody of Children
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When children are involved in your common law divorce, the court decides which parent receives full custody of children up to age 14. Georgia allows children older than 14 to choose which parent they will reside with, unless the court finds that parent unfit. Child support and alimony payments are decided by the courts. However, if the courts do not order you to pay your wife alimony, she may still be eligible to receive child support for your children.
Property
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The property is divided between the spouses at the discretion of the court. Any property that is acquired during the common law marriage is divided equitably, regardless of whose name the property is listed in at the time of the divorce. Georgia courts divide not only property but also any debt the couple acquired during the marriage.
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