SOP 220.06: Diagnostics_ Validation of Common Law Marriage for Visitation Purposes

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|
|Policy Number: 220.06|Effective Date: 3/27/2020|Page Number: 1 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

The Facilities Division will use a standard process for offenders to establish the
validity of a Common-Law Marriage. A Common-Law Marriage validated in this way
will be recognized for visitation purposes and any other applicable situations during
an offender’s incarceration, unless something occurs to invalidate or nullify the
relationship. This process should be accomplished during the diagnostic phase of
incarceration.

II. Authority:

A. O.C.G.A. §§ 16-6-20, 19-3-1, 19-3-1.1, 19-3-2, 19-3-3, and 19-3-4;

B. GDC Standard Operating Procedures (SOPs): 220.05 Diagnostic Reception,

Orientation, and Processing; 227.05 Visitation of Offenders; and

C. ACA Standard: 5-ACI-5A-01 (ref. 4-4285).

III. Definition:

Common-Law Marriage - A legal framework in a limited number of jurisdictions
where a couple is legally considered married, without that couple having formally
registered their relationship as a civil or religious marriage.

IV. Statement of Policy and Applicable Procedures:

A. The following procedures will be used to establish the validity of a Common-Law

Marriage, established before January 1, 1997, between an offender and a member
of the public:

1. During the diagnostic phase of incarceration, an offender who claims a

Common-Law Marriage will be given the opportunity to establish the validity
of the relationship;

2. Such opportunity will be provided during orientation at the diagnostic center

or probation center;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|
|Policy Number: 220.06|Effective Date: 3/27/2020|Page Number: 2 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level I: All Access
|

3. Common-Law Marriage will be explained to the orientation group at the

diagnostic center or probation center (Attachment 1: Explanation of CommonLaw Marriage);

B. Explanation of Common-Law Marriage and Affidavit of Common-Law

Husband/Wife:

1. Attachments 1 (Explanation of Common-Law Marriage) and 2 (Affidavit of

Common-Law Husband/Wife) will be given to an offender who claims a
Common-Law Marriage;

2. A notary public will be made available as a witness for the offender to sign the

appropriate affidavit for the Attachment 2: Affidavit of Common-Law
Husband/Wife form;

3. At the offender's expense, the offender will mail the other affidavit to his or

her common-law spouse;

4. It is the responsibility of the common-law spouse to obtain a notary public to

witness his or her signing of the affidavit;

5. The common-law spouse must mail the signed and notarized affidavit back to

the offender;

6. The offender will return his or her spouse's signed affidavit to the offender’s

counselor;

7. After both signed and notarized affidavits have been received, the

facility/center will add the common-law spouse to the offender's visitation list,
according to procedures described in SOP 227.05, Visitation of Offenders;

8. Offenders may not claim both a Common-Law Marriage and a conventional

marriage; and

9. Such claim would violate state law prohibiting bigamy (O.C.G.A. §§ 16-6-20

and 19-3-2).

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|Policy Name:Diagnostics: Validation of Common-Law Marriage for Visitation Purposes|
|Policy Number: 220.06|Effective Date: 3/27/2020|Page Number: 3 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level I: All Access
|

V. Attachments:

Attachment 1: Explanation of Common-Law Marriage
Attachment 2: Affidavit of Common-Law Husband/Wife

VI. Record Retention of Forms Relevant to this Policy:

Attachment 1 shall be utilized per the SOP until such time it is revised or becomes
obsolete. Upon completion, Attachment 2 shall be retained in the offender’s
institutional file.