SOP_NUMBER: 220.06-att-1 TITLE: Explanation of Common-Law Marriage REFERENCE_CODE: IIC03-0003 DIVISION: Facilities TOPIC_AREA: 220 Policy-Facilities Diagnostics/Classification EFFECTIVE_DATE: 2020-03-27 WORD_COUNT: 450 POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105819 URL: https://gps.press/sop-data/220.06-att-1/ SUMMARY: This attachment explains Georgia's common-law marriage requirements and legal effects for incarcerated individuals and their families. It outlines the four conditions that must be met simultaneously for a valid common-law marriage (parties able to marry, present agreement to marry, cohabitation, and establishment prior to January 1, 1997), clarifies that common-law marriages have the same legal standing as ceremonial marriages, and provides instructions for adding a common-law spouse to a visitation list through notarized affidavits. KEY_TOPICS: common-law marriage, Georgia marriage law, O.C.G.A. §19-3-1, marital status, visitation list, spouse, cohabitation, marriage requirements, inmate visitation, notarized affidavit, marital property, divorce ATTACHMENTS: 1. Explanation of Common-Law Marriage URL: https://gps.press/sop-data/220.06-att-1/ 2. Affidavit of Common Law Husband/Wife URL: https://gps.press/sop-data/220.06-att-2/ ======================================================================== FULL TEXT: ======================================================================== SOP 220.06 Attachment 1 3/27/20 Explanation of Common-Law Marriage A. **Relevant Law:** In Georgia, a common-law marriage is established when requirements are met all at the same time (O.C.G.A. §19-3-1). The requirements are: 1. **Parties able to marry.** To be able to contract marriage, a person must be of sound mind, be at least 16 years of age (or have parental consent or pregnant partner before 16), be unmarried, and not be marrying his or her parent or step-parent, child or stepchild, sibling or half-sibling, grandparent or grandchild, aunt, uncle, niece or nephew (O.C.G.A. §§ 19-3-2 and 19-3-3). 2. **An agreement to live together as husband and wife.** The agreement to marry must be a present agreement. If the two of you plan to marry in the future, you are **NOT** common-law married. To have a valid common-law marriage, there must be an agreement to be husband and wife immediately from the time when the mutual agreement is made (O.C.G.A. § 19-3-4). 3. **The two parties living together (cohabitation) (** O.C.G.A. § 19-3-1). 4. **Must have been established prior to January 1, 1997 (O.C.G.A. § 19-3-1.1).** Therefore, to be common-law married, you and your common-law spouse must have been able to marry, agreed to be married, and lived together **all at the same time, prior to** **January 1, 1997.** Anything less is not a common-law marriage. B. **Legal Effect of Common-Law Marriage:** A common-law marriage has the same legal effects as a ceremonial marriage. Children born of the marriage are legitimate and are the heirs of both parties. The parties have the right of inheritance from each other. Property acquired together becomes marital property. Probably most importantly, the common-law marriage must be dissolved by divorce the same as a ceremonial marriage. **There is no** **"common-law divorce."** C. **Common-Law Spouse as Visitor:** To have your common-law spouse on your visitation list, you and your spouse must sign (before a notary public) the attached affidavits attesting that you are common-law married and you must return it to the intake counselor. You can see the counselor about having the affidavit notarized; your spouse can go to a bank, the courthouse, or just about any government building and find a notary public. The commonlaw spouse will not be added to your visitation list until the completed affidavits are on file. **NOTE:** You should be aware that the visitation list is usually expanded after the diagnostic period to include various relatives and other significant relationships. However, if you have a spouse, you may not also have a boyfriend or girlfriend on the list. Retention Schedule: This explanation shall be utilized per the SOP until such time it is revised or becomes obsolete.