Understanding Legal Terminology: How Language Shapes Common Law Marriage Recognition in Georgia

When it comes to comprehending the intricacies of marital status under the law, as in the case of the Georgia Common Law Marriage article, there is no greater obstacle than a misunderstanding of the language used in legal documents. The Georgia Common Law Marriage: How it Works & What to Know article from Cambridge Prints helps to define what common law marriage is, inferring that it might even be possible for non-residents of Georgia who marry there to have their marriage recognized by the state. As such, it is highly important to become intimately familiar with how language conveys meaning in legal texts.

Is Georgia a Common Law Marriage State? Unlike some other states, Georgia has adamantly proclaimed that it does not recognize common law marriage. Since this type of marriage is a mere contract between spouses, it can be difficult to prove the existence of such a contract without sufficient documentation.

However, Georgia Common Law Marriage: How it Works & What to Know makes it clear that common law marriage may be recognized if the couple entered into it before January 1st, 1997. Common law marriage is defined as a contract between two people where they become married by implicit or explicit agreement to enter into a marital relationship without a formal ceremony or license.

The Importance of Understanding Legal Terminology

As tutors in the language learning field, researchers at The Center for Applied Linguistics understand the significance of language education and how that education can be used to help someone to understand complex legal documents and agreements. In many cases, understanding a marriage contract is integral to understanding someone’s marital rights, especially in the event of a divorce proceeding. Without the ability to read the laws and agreements fairly, a couple might suffer due to a lack of understanding about how the law impacts their marriage.

The Difficulty of Deciphering Terminology

However, in Georgia and many other states, non-native speakers are unlikely to understand the language contained within legal documents. Particularly, individuals who have low oral proficiency in English are more likely to misinterpret a marriage contract. This can lead to an unjust outcome during divorce proceedings, thereby disrupting the life of that individual.

Common Misconceptions About Common Law Marriage

In some cases, individuals have been misled to believe that they entered a common law marriage because of a lack of ability to understand commonly used legal terms like “marital property,” “divisible property,” or “marital responsibility.” Language can be so significant to our understanding of what defines a marital partnership that it could be likened to a social contract.

The Role of Research in Clarifying Legal Terms

Opting out of the responsibility to read lengthy pages of legalese can later cause someone significant pain when they realize that they have not been awarded their fair share of the divorce settlement, such as spousal support. It is important to researchers that they conduct research on language and publish studies that help to clarify the meaning of legal terminology in ways that the general population can understand.

The Importance of Dual Language Programs

When children are learning English, it is possible for them to develop the language proficiency necessary to understand the complexity of sentences used in legal documents. Often, these children are placed in a dual language program to help improve their English reading level. These programs can be improved by using some of the same curriculum that attorneys use for their clients.