Georgia Marriage Laws

Written and edited for accuracy by the Georgia marriage law researchers at the Universal Life Church on February 07, 2023

Georgia has many state-specific laws governing the marriage and the performance of marriage ceremonies. We have gathered together all of that pertinent legal information into one convenient place for anyone who is looking to get married or officiate a wedding in Georgia. We cover all the essential topics including marriage licenses, ceremonies, and paperwork to make sure the wedding is legally recognized.

Requirements for the Minister

Min. Age of Minister:: Age 18
Residency:: Not Required
Document(s) Required:: Varies by County
Online Ordination Recognized:: Yes
Relevant Office of Registration:: County Clerk
Latest Document(s) Submission Date Allowed:: After the Ceremony
Minister I.D. # Issued:: No

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A minister performing a wedding in Georgia must be at least 18-years-old. They do not need to be a resident of the state, however, to officiate a wedding.

There is no statewide registration process, but individual counties may ask to see documentation from the minister prior to the ceremony. After getting ordained online, ULC ministers should check with the office that issued the marriage license to verify if they need to provide anything. It is a good idea for the minister to keep a copy of their ordination credential in their records in the case anyone asks to see proof of ordination.

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Ga. Code Ann. § 19-3-30. Issuance, return, and recording of license

(c) The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose.

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Wedding Ceremony Requirements

Marriage By Proxy Allowed:: No
Minister Required to be Present:: Yes

All legally relevant parties must be present for the ceremony with no exceptions. Proxy weddings are not allowed in Georgia. Two witnesses are required to sign the marriage license, along with the couple and the officiant.

There are two legally required portions of the wedding ceremony that need to be included. Those are the proclamation of consent, commonly known as the “I do” exchange, and the pronouncement which is usually when the minister says “I now pronounce you married”. Other than these two elements, the wording of the actual ceremony can be adapted to the needs and preferences of the couple.

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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.

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Marriage License Requirements

Min. Age of Witnesses:: N/A
Couple's Consent Required:: Yes
Pronouncement Required:: Yes

The couple is required to go in-person to pick up the marriage license application from the County Clerk’s office. When they arrive they will be required to present proof of age. Acceptable forms of identification in Georgia include: A birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth.

The cost of the license varies by the county that you have it issued in, but there are no residency requirements.

If the couple are in-state residents, they can go to any county clerk to have the license issued and it will be good for a wedding taking place in any county in Georgia. If both members of the couple are not residents of Georgia they will need to obtain the marriage license from the office in the county where the wedding will physically take place.

The clerk may also require proof of divorce if applicable. This means it would be a good idea to either check with the clerk, by phone on their web page to check the county rules before going to get the license. Alternatively you can just bring the official divorce decree proving that it has been finalized in the case that they would like to see it. The more recently the divorce has been finalized, the more likely it is they will want to see your paperwork.

Premarital blood test results are no longer required in the State of Georgia.

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Ga. Code Ann. § 19-3-2. Who may contract marriage; emancipation requirement; minimum age for marriage

(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

Ga. Code Ann. § 19-3-30. Issuance, return, and recording of license

(b) (2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.

Ga. Code Ann. § 19-3-36. Proof of age of applicants

The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met. The judge shall require all applicants to furnish the court with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately.

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Marriage License Facts

ULC-Officiated Ceremony Type:: Religious
Mandatory Waiting Period:: None
License Valid For:: Varies by County
License Must Be Submitted:: Within 30 Days of Ceremony

If there is a choice between a marriage certificate for a “religious” or a “civil” marriage, the couple should select the “religious” ceremony license. This is because the authority of a Universal Life Church minister is granted by the church in a religious capacity. This is the case regardless of whether the couple decides to include religious elements in the ceremony or not.

If you are wanting to get married right away, the rules in Georgia are in your favor because they do not have a waiting period after the application is turned in. The marriage license will be issued immediately and the couple will be able to, in theory, get the license and hold the ceremony on the very same day.

The amount of time that the license stays valid after it is issued varies from county to county in Georgia. Some counties do not have an expiration at all.

Once the wedding takes place, the license needs to be returned to the issuing office within 30 days to be recorded. After 30 days the license will no longer be valid, so make sure to get it in before the date cut off.

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Ga. Code Ann. § 19-3-30. Issuance, return, and recording of license

Ga. Code Ann. § 19-3-35. Issuance of license to applicants otherwise eligible

When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued immediately and without any waiting period.

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Requirements for the Couple

Min. Age of Couple:: Age 18 or Age 17 with Proof of Emancipation
Residency:: Not Required
Min. Distance of Kin Allowed:: First Cousins
Marriage Equality:: Yes

Georgia only allows adults age 18, or minors age 17 with proof of parental emancipation to legally marry.

In Georgia, there is no residency requirement, but if both members of the couple are from out-of-state, the marriage license needs to be obtained in the county where the marriage is going to take place.

Georgia follows all US states in honoring marriage equality for same-sex partners wanting to get married.

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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;

(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.

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Final Steps

Officiant's Title on Marriage License:: Minister
Church/Ordaining Body:: Universal Life Church Ministries
Address of Church:: Minister's Home Address

If you are the wedding officiant, there are a few final details that you will need to make sure get taken care of after the wedding ceremony takes place. There is a part of the marriage license that is to be filled out by the officiant. Make sure you give only the full legal name, without any titles when it asks for your name. In the box that asks for the title, please put “minister”. If the license asks for the address of the minister’s church, please give your home address in case they would like to contact you.

Double check that the license is fully filled out without errors. Make sure all required persons sign after the ceremony. Any errors can potentially result in the costly reissuance of the license.

We always recommend that our ministers performing weddings keep records. They do not need to transmit these records to headquarters, but it is a good idea to have a personal file in the case that any questions arise in the future. This is especially the case if the minister is being paid for their services.

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