Common Law Validity and Divorce GA

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

Since common law marriages are legal in Georgia, she needs to get a divorce just like someone who is married in the traditional way. Since they have been together like man and wife since before 1997 (when the new laws went into effect) they are considered common law married. Georgia also recognizes common law marriages for people married in states where it is legal. If I married in a state that recognizes common law marriages, and I met the legal requirement, and then I moved to Georgia, I wouldn't suddenly be "unmarried". ( This does not apply <in Georgia> to same *** unions, however).

The woman is entitled to the same rights a traditionally married woman would have upon divorce.

Not that it matters, but I wouldn't use the 'promise of marriage' line. If he was going to actually marry her in the traditional way, he would have done so--it's been fifteen years!!!

Shelbie, first of all I hope your mother-in-law doesn't read your post, obviously she is going through a bad time and you are worried about having to help her out a little? I'm sure she has done plenty for her son and you, family is about stepping up to help when someone is down, especially if they are being victimized as it sounds like here. That said they are absolutely common law married if what you say is true, will an attorney want to handle the case, who knows, however many really good attorneys charge for a consultation because thier time is valuable. I doubt an attorney who is practicing would be just out to make some quick cash...come on give me a break. I hope she gets the help she needs and hopefully you will stay out of it since you are on the negative side, negativity is the last thing she needs right now!

Copy and paste the part of the OP question that was negative. I didn't read any complaints, or anything negative at all. AND, there are many unscrupulous attorneys, just as their are the same in any profession ,who are more than happy to make a quick buck. Law school is expensive. Ask me how I know?

I think the fact that OP took the time to organize her thoughts, and articulate them in this manner is clearly a sign of compassion, not negativity. And she is right--as much as we might love our in laws, having them move in, lock stock and barrel would put a strain on even the most loving of relationships. You telling her to "stay out of it" when she would obviously LOVE to extricate herself from the entire scenario is rather judgmental of her motives, don't you think? Also, I love the "I'm sure she has done plenty for you" assumption. On what great knowledge is THAT gem based?

The only prejudice in the posting is what you have, for some bizarre reason, interjected on your own.

Judge Judy knows all. I have an incredible sense of intuition. I wasn't trying to be judgemental. My point simply was that too often these days families are fractured and in a crisis it is time to be supportive even if it means a short term inconvienience, we need to love more, thats all. Of course I know that there are shady attorneys, cab drivers, doctors, clergymen, politicians, etc. a little common sense goes a long way when choosing an attorney, but without one this mother-in-law will get screwed.

Again, try to FOCUS , Dear Judy. I'm going to ask a question. READY?

WHERE IN THE ORIGINAL POSTERS COMMENTS DID THEY COMPLAIN ABOUT OR EVEN REMOTELY MENTION BEING INCONVENIENCED by the situation in question? COPY and PASTE the statement <HERE>. Go ahead. Find it. I'll wait.

Nothing? Of course not. Inconvenience was not the POINT of the posting. Yet that and families in crisis ( cough ) is the point of your answer. In case it escaped your keen notice--er, intuition, this is a LEGAL FORUM where LEGAL issues are discussed. Given the glaring gap between HER point and YOURS---the question begs to be asked---SO?

While your straying from the truth regarding your powers of deduction is subjective, your suggestion that intuition has any relevance to the law whatsoever is not.

Your intution is, quite frankly, of no value to anyone but yourself. (wasn't that a diplomatic way of saying THAT?)

Those of us who have forked out cash hand over fist to PAY for law school know that if intuition had ANY bearing at all, we would have kept our money in the bank.

She never said she didn't want to help her mother ( pause for a comtemplative reflection ). Obviously, the OPPOSITE is true or she wouldn't have taken the time to ask relevant LEGAL questions. Reread until a complete understanding is gained.

She never said she didn't want an attorney. She never even hinted at her mother in law NOT hiring an attorney. She simply asked if the one she had already talked to was reasonable--which, obviously, they are not. I can, at the drop of a hat, find an attorney who will do a no cost, or even a low cost ( under fifty dollars) consultation and who will be very frank with the prospective client about their chances of prevailing in court. Your first posting defends this type of "legal" conduct, calling his time valuable --your second posting admits unscrupulous behavior. Allrighty, then.

You take a woman who is trying to contructively help her mother in law by asking LEGAL questions that are actually RELEVANT and SUCCINCT, and you litter her with a lecture her on families in crisis.

Don't quit your day job.

Umm...Okay

"Incredible sense of intuition"???

So, you're basing your opinions on something that started this whole mess with MIL and FIL?

You do have a point there, but to base it off of the same thing that FIL based his attitude toward MIL doesn't sound, well, sound.

First, consider looking further. You should, after some fair searching, be able to find an attorney who will at least give you 1 consultation - either drastically less than the one she has found or for free. If her finances are strained, she may well qualify for the LegalAid help. It does not appear that he would willingly give his money to help.

Has anyone thought of asking a doctor for some advice? You mentioned a military pension... is it possible that there are mental effects of having served? He could be hallucinating this instance of infidelity, or - sad as the possibility may be - he is having the affair himself and is trying very hard to hide it. She earns so little, especially in comparison to him, he could be looking for someone who he feels is 'on his level' earning-wise.

I'm sorry if I seem rude or ridiculously pessimistic. I am just trying to look at all the possible angles.

Also, though romantic as it may have been, I personally would have chosen to ensure that a marriage ceremony had taken place. I do not know much about common law marriage, I will admit. So that is solely my opinion and nothing more.

BTW, if I have in essence repeated what has already been said, I apologize. This is a crazy day for me and I am not feeling totally well and may have easily skipped over some sentences.