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common law divorce

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karen tucker

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What is the name of your state? georgia.
if i was common law married before 1/1/1999 in georgia do i have to get a divorce to remarry and file joint tax return with my spouse? if so could i be charge with any crimmal charges if i remarry with out a divorce from my common law spouse if he does not contest anything?
 


I AM ALWAYS LIABLE

Senior Member
karen tucker said:
What is the name of your state? georgia.
if i was common law married before 1/1/1999 in georgia do i have to get a divorce to remarry and file joint tax return with my spouse? if so could i be charge with any crimmal charges if i remarry with out a divorce from my common law spouse if he does not contest anything?

My response:

If the common law marriage was established in Georgia before January 1, 1997 or was legally established in a state that still recognizes common law marriages, then yours is a legal marriage. (O.C.G.A. §19-3-1.1) If so, then it may only be ended by decree of court.

After January 1, 1997, Georgia no longer allows common law marriages. But, like I said, it will still recognize the same if entered into in another State that allows common law marriages.

IAAL
 

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