The 2000 Census showed that 5.5 million people lived with a partner but were not married. Many of the people have children and consider themselves a family. When these partners split up, some after many years together, the financial, social and even legal complications are similar to a divorce. Until 1997, Georgia recognized common law marriages. To be considered common law married, a couple must have lived together, considered themselves married and been considered married to friends and family. Anyone considered married before January 1, 1997 may still be considered married.
Common law couples can file for divorce with their local court. Most couples that do this have children together or have accumulated many assets. The catch is the judge will decide if the couple is eligible for divorce under the common law rule and if they will be granted a divorce. If a couple is considered common law married, they must file for divorce before they can remarry.
What is Palimony?
Couples who are not considered married find themselves looking for options if the relationship ends. Since the 70s, many unsuccessful palimony lawsuits have been filed by a live-in partner after a relationship ends. But palimony is not a legal concept but is a term coined after a lawsuit filed against actor Lee Marvin by his former live-in girlfriend. Georgia judges don’t recognize the concept.
Options for Unmarried Couples Who Separate
Couples who live together and split up have several options. If children are involved and paternity is determined, the father (or mother if she is the non-custodial parent) will be responsible for child support. The non-custodial parent may also sue for visitation rights.
Unmarried couples who owned a home together can mutually agree to two options: 1. Sell the home and split the profits. 2. One partner can buy the other’s share of the home and continue to live there. Of course, this is if both names are on the mortgage. If the partner is not named on the mortgage and doesn’t have proof that he or she helped the mortgage, a lawsuit may be a waste of time.
However, an unmarried partner can prove his or her contribution to the household in several ways:
• Tax returns that were filed jointly.
• Receipts of major purchases and other expenses that the unmarried partner paid for with his or her own credit card or checking account.
• Statements from the other partner that expenses were shared.
Gay Marriage in Georgia
In 2004, a constitutional amendment was passed banning gay marriage in Georgia and court challenges to the amendment have been unsuccessful. Gay couples who separate face the same challenges as heterosexual unmarried partners.
Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more at www.legalnichepros.com.
