Originally Posted by shellbie

I am seeking advice for my Mother In Law. Let's face it, we all love our family but living with the Mother In Law is the dreaded end all of bad situations.

My Mother In Law moved in with her "husband" in January 1993 after he proposed marriage to her over the Christmas holidays 1992. The family views them as married, the grandchildren see them both as Nana and Poppa. The children between them are from previous marriages. They have traveled overseas many times during their relationship, always referring to the other as a spouse (Husband/Wife). Mail arrives to the home as Mr and Mrs, etc. I do not think that there would be any question as to the intention of marriage. The new law affecting Common Law Marriage recognition went into effect Jan 1, 1997.
The problem and advice being sought has more to do with the dissolution of this union. Last weekend my "Father In Law" came home and accused my Mother In Law of having been unfaithful, he says that it's intuition that tells him she has cheated and he is demanding that she move out. He says that the relationship is over, that he will not tolerate infidelity. She has slept in the guest bedroom down the hall since his allegations. He will not speak with her or anyone in the family about the matter. All she has managed to get from him is that he wants her out and last night he said that he would get her a home and that she could keep the car he bought her a few months ago. My Mother In Law earns less than $15,000 a year and he earns well over $250,000 with his military pension and business. So there is a huge gap in the ability to pay bills on her end.
I am wondering if she has a case within the Divorce Courts? Since they were living together, with the promise of marriage and presented to the family and others as a married couple prior to 1997 does that grandfather them into Common Law Marriage?
She consulted with an attorney but he will not discuss any details, or tell her if she has a case, until she pays him $150 consultation fee. Her finances are already strained. I am concerned that this attorney is in it just for the money and would like to know if her concerns are valid.
I realize that this whole area of law is rarely black and white, that the gray is much more common.
Is there such a thing as being Grandfathered into a Common Law Marriage in the state of GA? Will she have to get a Divorce within the court system? Can she file paperwork requesting alimony and rights to property?
Thanks in Advance~
Shelbie