Georgia Marriage Laws | § 19-3-2

Official Code of Georgia Annotated 19-3-2

Who may contract marriage; emancipation requirement; minimum age for marriage

(a) To be able to contract marriage, a person must: (1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section, be at least 18 years of age; (3) Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees. (b) If either applicant for marriage is 17 years of age, documentary proof that such applicant was emancipated by operation of law or pursuant to a petition filed with the court as provided in Article 10 of Chapter 11 of Title 15 shall be required before a license may be issued pursuant to Article 2 of this chapter; provided, in addition, that: (1) If the emancipation was pursuant to a petition filed with the court, a certified copy of the order providing for the emancipation shall be provided as documentary proof; (2) At least 15 days shall have passed since such emancipation shall have occurred by operation of law or pursuant to a petition filed with the court; (3) The older party to the marriage contract shall not be more than four years older than the younger party to the marriage contract; and (4) Each party to the marriage contract who is 17 years of age shall present a certificate of completion of premarital education as provided under Code Section 19-3-30.1. (c) No license provided for under Article 2 of this chapter shall be issued for the marriage of any party who is under 17 years of age.

(Orig. Code 1863, § 1654; Code 1868, § 1698; Code 1873, § 1699; Code 1882, § 1699; Civil Code 1895, § 2412; Civil Code 1910, § 2931; Code 1933, § 53-102; Ga. L. 1957, p. 83, § 1; Ga. L. 1962, p. 138, § 1; Ga. L. 1963, p. 485, § 1; Ga. L. 1965, p. 335, § 1; Ga. L. 1965, p. 500, § 1; Ga. L. 1976, p. 1719, § 1; Ga. L. 1979, p. 872, § 1; Ga. L. 1999, p. 81, § 19; Ga. L. 2006, p. 141, § 6A/HB 847; Ga. L. 2019, p. 558, § 1-1/HB 228.)

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More Georgia Marriage Laws

§ 19-3-1.1 Common-law marriage; effectiveness
§ 19-3-1 Prerequisites to valid marriage
§ 19-3-3 Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage
§ 19-3-3.1 Marriages between persons of same sex prohibited; marriages not recognized
§ 19-3-4 Nature of consent required
§ 19-3-6 Effect of restraints on marriage; when valid
§ 19-3-7 Contracts attempting to force marriage void
§ 19-3-8 Interspousal tort immunity continued
§ 19-3-9 Each spouse's property separate
§ 19-3-10 Right of married persons to contract; presumptions
§ 19-3-30.1 Premarital education; fees; special requirements if marriage applicant is 17 years old
§ 19-3-31 Issuance of licenses at satellite courthouses in certain counties
§ 19-3-32 Penalty for improper issuance of license
§ 19-3-35 Issuance of license to applicants otherwise eligible
§ 19-3-39 Certification and recordation of marriage after publication of banns
§ 19-3-40 Blood test for sickle cell disease; information to be provided
§ 19-3-41 Department of Public Health marriage manual; distribution; rules and regulations
§ 19-3-43 Marriage in another state; effect in this state
§ 19-3-44 Return of license to parties
§ 19-3-46 Forfeiture for officiating at marriage without license or banns
§ 19-3-47 Penalty for filing false information in application for license
§ 19-3-48 Penalty for officiating at illegal marriage ceremony
§ 19-3-49 Acceptance by judges of tips, consideration, or gratuities
§ 19-3-5 What marriages void; legitimacy of issue; effect of later ratification
§ 19-3-2 Who may contract marriage; emancipation requirement; minimum age for marriage
§ 19-3-30 Issuance, return, and recording of license
§ 19-3-33 Application for marriage license; contents; supplement marriage report
§ 19-3-33.1 Use of surname in application for marriage license
§ 19-3-34 Marriage application to be filed; use as evidence; transmission to the state registrar
§ 19-3-35.1 AIDS brochures; listing of HIV test sites; acknowledgment of receipt
§ 19-3-42 Effect on marriage due to the lack of authority in person officiating
§ 19-3-45 Actions for improper issuance of marriage license; attorney's fee and court costs; disposition of balance of recovery
§ 19-3-36 Proof of age of applicants
§ 19-3-41.1 Fact sheet for distribution by premarital education providers; requirements