How do you establish your common law marriage in order to obtain your rights during a divorce case? First, if you lived exclusively in the state of Georgia you must have been holding yourself out to be married prior to January 1st 1997. If you lived in another state and then moved to Georgia you must establish that you were common law married in those states under their statutes in Georgia. The things we look for- did you have the ability to contract for marriage, meaning were you of an age? Did you hold yourselves out to be married calling each other husband and wife? Did you file taxes together? Did you live together for long periods of time? Did you buy property together? There are so many factors that we look at and consider. Did you establish a common law marriage? Give us a call at the Atlanta divorce Law Group so we can help you establish your rights under common law.