For a marriage to be legally binding in Georgia, there are several state rules and requirements that need to be met by the couple and officiant. The attached guide reflects the relevant information in a simple roadmap with one simple list of essential timelines and paperwork to ensure that the marriage is legitimate in accordance with Georgia law.
To be legally valid, a Georgia wedding need only meet four basic requirements:
- Each partner must proclaim his or her consent to be married, such as saying, “I do.”
- The officiant must make some sort of declaration that the couple is legally wed, such as “I now pronounce you….”
- Both partners and the minister must be physically present for the entire ceremony; Georgia law does not allow marriage by proxy.
- At least two witnesses must be physically present for the entire ceremony and must be able to sign the marriage license after the ceremony.
Here's a direct link to the Georgia.gov site with everything you'll need to apply for your license: Apply for a Marriage License | Georgia.gov
Ga. Code Ann. § 19-3-4. Nature of consent required
To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud.
Ga. Code Ann. § 19-3-63. Construction of marriage contract; attestation
Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate the same. Such marriage contract shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.
Like all U.S. states, Georgia recognizes that same-sex couples have the same right to marry like all other couples. Georgia marriage laws do not discriminate based upon race, religion, gender, or orientation; the only requirement is that both partners be at least 18 years of age. Legally emancipated minors who are at least 17 years old may also get married in Georgia, though they must have proof of emancipation.
Georgia does not have a residency requirement, meaning that neither partner must live in Georgia or even in the United States. That said, some marriage requirements in Georgia are different depending on whether a person resides in Georgia or lives out of state. For example, Georgia residents may apply for a marriage license in their county of residence, or in any other Georgia county; out-of-state couples must apply in the county where the wedding ceremony will take place.
Ga. Code Ann. § 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.
Ga. Code Ann. § 19-3-3. Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage
(a) Any person who marries a person to whom he knows he is related, either by blood or by marriage, as follows:
(1) Father and daughter or stepdaughter;
(2) Mother and son or stepson;
(3) Brother and sister of the whole blood or the half blood;
(4) Grandparent and grandchild;
(5) Aunt and nephew; or
(6) Uncle and niece
shall be punished by imprisonment for not less than one nor more than three years.
(b) Marriages declared to be unlawful under subsection (a) of this Code section shall be void from their inception.