Saturday, April 05, 2008

Camp v. Carter

Marriage in Georgia

Georgia recognized a second, informal type of legal union known as common law marriage until Jan 1, 1997. Common law marriage occurred when a man and woman cohabited and proclaimed to the public that they were husband and wife (this could be done as easily as by signing a motel register as "Mr. & Mrs.").

The justification for recognizing common law marriage is so that the children of such a union will not be considered to be illegitimate. There is no such thing as a common law divorce; a common law marriage must be terminated by the courts like any other marriage. Georgia does recognize common law marriages from other states where this form of marriage is still legal to make (such as South Carolina).

Kevin Camp versus Jennifer Carter.

Ms. Carter, formerly Koehler, did give Mr. Camp a ring, and marriage was discussed.

At the time, their behavior could have been construed as that of common law marriage and co-habitation. She paid for his dinner on numerous occasions, and it would be hard to prove they were not, in fact, married by common law.

Their relationship lasted from roughly 28 November 2006 to 15 January 2007.

Pending divorce settlements, alimony, and child support payments may have been rendered null and void by this common-law status.

No comments: