Cohabitation is seen in different ways by people. Some believe it is less risky than marriage, while others believe it is worse. The decision to cohabit without marriage is up to the couple, but there are some financial and legal implications to consider. You will not receive spousal inheritance or tax benefits in a domestic partnership. The biggest downside for some couples is that no automatic paternity or parental rights are established. Having children with your unmarried partner in Georgian can lead to child custody concerns. You could require the help of a Georgia child custody attorney to resolve these contentious topics.
Cohabitation is when two people in a relationship live together and are unmarried. Unmarried couples choose to live together before marriage for a myriad of reasons. For some, this is a trial period before they tie the knot. For others, they do not want to go through the complex legal process of marriage.
Unmarried couples act the same as married couples by sharing expenses and household duties. The most significant caveat is there are no legal protections for either party. Another difference is that to end a marriage, you must go through the legal process for divorce. When a relationship ends when cohabitating, one person can move out.
While some states have common-law marriage laws, Georgia eliminated this decades ago. In the states with these laws, the unmarried couple will have the same rights as married couples once they live together for a specific period. Georgia looks at a couple in one of two ways. You are either married or unmarried. There is no other option. This can be challenging for unmarried parents since cohabitation laws will affect child custody and support.
A significant issue that unmarried couples may face is property division. When a couple is married, they will divide their property depending on relevant laws and individual circumstances. However, in a cohabitation situation, the couple assumes they can split their property and assets as they wish. This can sound great in theory, but it can become contentious when the relationship ends poorly. People falsely assume because their name is solely on the property, the other party has no rights. This is untrue for both married and unmarried couples. For unmarried couples, either party can file a partition action. This includes statutory and equitable partitions. Equitable partitions can be filed by non-title holders if they can demonstrate that they do not have any other available adequate legal remedies. The cotenant will have to prove his or her financial interest in the home or property.
If a partner moves into the home when the relationship ends, they must move out. One protection that unmarried and cohabitating couples can establish includes a power of attorney for general purposes or health care needs. You can also put your partner in your will or trust. This can allow property and assets to go to the partner instead of the family or the state.
Splitting up is tough, but when there are children involved, the legal implications can become more challenging. Co-parenting as unmarried parents and partners differs from that of a married couple. While your parenting might not be impacted, your legal rights over your child can be. Fathers are not automatically considered the legal or biological father. In a marriage, the father is automatically the child's legal guardian and biological parent. This means the father can put his name on the birth certificate, and the child may receive inheritance rights, social security, health care, and additional benefits.
Cohabitation means the father and the parents must establish legitimation. The first step to protect yourself is for the father to complete an Acknowledgement of Paternity form. This can be done at the hospital when the child is born. Fathers must initiate paternity proceedings to pursue custody and other legal rights through the Georgia courts. Unmarried parents should review their legal options with a Georgia child custody attorney. While this Acknowledgment form is used to result in automatic legitimation in Georgia, it no longer does that but can serve as evidence in a disputed child custody case.
One way to protect your assets when cohabitation is to establish a Cohabitation or Domestic Partnership Agreement. Another legal document to consider is a joint property agreement. This helps couples who want to purchase property together but not pursue marriage. While a father can sign an acknowledgment of paternity, the mother can ask for a DNA test to prove paternity before agreeing.
When unmarried parents break up, it can turn everyone's life upside down. If both parents have legal rights, they can pursue custody. This also means that one parent cannot deprive the other of visitation rights. Child support payments will also need to be established. It is likely for the non-custodial parent to provide financial assistance to the child. This will be determined based on income. Co-parenting plans will also be essential during this process as they can outline:
When the court reviews custody decisions, it will strive to do what is in the child's best interest. This can involve providing evidence to the court and working with a Georgia child custody attorney. The evidence you provide in court shows you are the best caregiver for your child. Georgia courts will review issues such as:
Other factors are whether each parent drinks, does drugs, has a criminal record and has a stable home. This could involve bringing witnesses to court along with records and other evidence. Unmarried parents may have various types of custody, like joint custody or sole custody with visitation.
Until you establish legitimation and paternity, the mother has full custody. This can be beneficial for mothers who are in less-than-desirable situations with their child's father. For fathers, this is the beginning of a legal battle. Establishing paternity involves genetic testing. The legitimation process can be more involved, and it is best to speak to a child custody lawyer in Georgia.
You may face legal pushback if you have children with an unmarried partner in Georgia. Cohabitation without marriage can seem like a good idea until you have children. Discuss your options with Attorney Sharon Jackson. Call (678) 436-3636 to schedule a case review.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
