Official Code of Georgia Annotated 19-3-45
Actions for improper issuance of marriage license; attorney's fee and court costs; disposition of balance of recovery
Any judge of the probate court who by himself or his clerk knowingly grants a license without the required consent or without proper precaution in inquiring into the question of minority shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the father or mother, if living, and, if not, at the action of the guardian or legal representative of either of such contracting parties, provided that under no circumstances shall more than one action be maintained by the father or mother, guardian, or legal representative of either of such contracting parties in connection with any one marriage; and provided, further, that no such action shall be brought prior to the expiration of 60 days from the date that the marriage becomes public and that no action under this Code section shall be maintained after the expiration of 12 months from the date the marriage becomes public. A recovery shall be had against the offending judge and his bondsmen. From the recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the action and, after the payment of court costs, one-third of the remainder of the recovery shall be paid to the person bringing the action; and the remaining two-thirds shall be paid to the county educational fund of the county of the judge's residence. A judge who in good faith destroys physician's certificates of pregnancy and all records of the certificates under his control in accordance with the provisions of law shall not be prosecuted under this Code section for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued.
(Orig. Code 1863, § 1661; Code 1868, § 1704; Code 1873, § 1705; Code 1882, § 1705; Civil Code 1895, § 2419; Civil Code 1910, § 2938; Ga. L. 1924, p. 53, § 2; Ga. L. 1927, p. 224, § 1; Code 1933, § 53-208; Ga. L. 1939, p. 219, § 1; Ga. L. 1939, p. 221, § 1; Ga. L. 1965, p. 335, § 8; Ga. L. 1972, p. 193, § 7; Ga. L. 1976, p. 1719, § 5; Ga. L. 1989, p. 605, § 2.)
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§ 19-3-1.1
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§ 19-3-30.1
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§ 19-3-31
Issuance of licenses at satellite courthouses in certain counties
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§ 19-3-32
Penalty for improper issuance of license
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§ 19-3-35
Issuance of license to applicants otherwise eligible
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Certification and recordation of marriage after publication of banns
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Blood test for sickle cell disease; information to be provided
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§ 19-3-41
Department of Public Health marriage manual; distribution; rules and regulations
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§ 19-3-43
Marriage in another state; effect in this state
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§ 19-3-44
Return of license to parties
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§ 19-3-46
Forfeiture for officiating at marriage without license or banns
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§ 19-3-47
Penalty for filing false information in application for license
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§ 19-3-48
Penalty for officiating at illegal marriage ceremony
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§ 19-3-49
Acceptance by judges of tips, consideration, or gratuities
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§ 19-3-5
What marriages void; legitimacy of issue; effect of later ratification
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§ 19-3-2
Who may contract marriage; emancipation requirement; minimum age for marriage
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§ 19-3-30
Issuance, return, and recording of license
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§ 19-3-33
Application for marriage license; contents; supplement marriage report
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§ 19-3-33.1
Use of surname in application for marriage license
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§ 19-3-34
Marriage application to be filed; use as evidence; transmission to the state registrar
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§ 19-3-35.1
AIDS brochures; listing of HIV test sites; acknowledgment of receipt
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§ 19-3-42
Effect on marriage due to the lack of authority in person officiating
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§ 19-3-45
Actions for improper issuance of marriage license; attorney's fee and court costs; disposition of balance of recovery
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§ 19-3-36
Proof of age of applicants
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§ 19-3-41.1
Fact sheet for distribution by premarital education providers; requirements