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Bryan Howard
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Trial Attorney
Trial Attorney

117 followers
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Bryan Howard's posts

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Contact a DUI lawyer in Douglas County

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Contact a Paulding County divorce lawyer today

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Essentials of a valid marriage
 
no common-law marriage to be entered into in Georgia after January 1, 1997, but common-law marriages entered into prior to that date will be recognized. To constitute a valid marriage in Georgia there must be parties able to contract, an actual contract, and consummation according to law.
(1)    Parties able to contract. To be able to contract marriage, the parties must meet the following qualifications:
a.       sound mind.
b.       Age of consent: the male must be at least 18 years of age in the female must be at least 18 years of age. A child age 16 or 17 must have parental consent;
c.       proper relationship: a party may not be related to the prospective spouse within the prohibited degree; OCGA 19-3-2 (a)(3)
d.       previous marriage undissolved: neither party can be a party to a previous undissolved marriage at the time of contracting a new marriage.
(2)    An actual contract. To create a contract of marriage, the parties consent must be voluntary without fraud practiced upon either. Drunkenness at the time of the marriage, if brought about by art or contrivance to induce consent, is specified as a means of such fraud. Duress of the type to prevent voluntary consent is sufficient to invalidate a marriage, but this is not included in the decision to marry simply to avoid prosecution for crime, for example, seduction. Although the general law of contracts indicates otherwise it has been held that a marriage contract is valid even though made in a spirit of fun and jest. A marriage contract, however, is not required to be in writing. Once evidence of the marriage contract shown it would be relevant to admit evidence to show whether the contract actually existed by showing that the parties acted in a manner consistent with such an agreement, and that the community believed such an agreement existed. A common-law marriage is created by the 3 mentioned essentials of marriage but, in addition, must be consummated by cohabitation. Cohabitation used in this sense implies marital intercourse. As a general rule each of the above qualifications as an essential element of a valid marriage; if any one of these elements, i.e. parties able to contract, and actual contract, and consummation according to law, is missing at the time of an attempted matrimonial union, the marriage is invalid. These requirements must be satisfied simultaneously in order for a valid marriage to exist. The party asserting a common-law marriage must prove its existence by a preponderance of the evidence, and this is a question for the trier of fact.
 
Contact a family law lawyer at the Howard law group for help regarding your family law case.

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What does the case law say about reasonable accomodation of an independent test request on a dui in Georgia?

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Get that 10 day letter in if arrested for DUI.

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Check out this video on YouTube:

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Contact us at (678) 310-3476
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