Georgia Wedding Laws
Weddings are legal and civil unions, meaning they fall under the mandatory oversight of the Georgia state legislature and judicial branch. For a wedding to receive recognition and acceptance in the state, individuals must be aware of the laws governing such unions. Thankfully, we have gathered all the pertinent information about ceremonies, marriage licenses, and paperwork to ensure you plan and complete a legal marriage ceremony.
Georgia Marriage Requirements
- 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
First and foremost, marriage equality is an honored and respected practice in the state of Georgia, and it follows all U.S. states in allowing same-sex partners a legal and recognized path to marriage. However, only adults are permitted to marry, with exceptions made for 17-year-olds with proof of parental emancipation.
Another benefit to marriage in Georgia is the lack of a residency requirement, meaning neither individual needs to live in the state to be married there. If both individuals are from out of state, however, they must go to the county of the ceremony to obtain a marriage license.
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.
How to Get a Georgia Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in Georgia
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Standard Government Issued ID
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
For in-state residents, obtaining a marriage license is straightforward. You can go to any county clerk for the issuance of the license, and the license will be valid in any county in Georgia, meaning you are not restricted to marrying in the issuing county. However, for out-of-state couples — where both individuals are not residents of Georgia — the license must be obtained in the county of the ceremony.
While there are no residency requirements in the state of Georgia, the license costs will vary from county to county. If you're getting married on a tight budget, be sure to consider these costs in your plan.
Though premarital blood tests are no longer a requirement before receiving a license, couples must provide proof of identification, meaning you will need to visit the clerk’s office in person to pick up the license application. Once there, you will need to provide one of several documents to prove your age and full name, including:
- Driver’s license
- Baptismal certificate
- Birth certificate
- Selective service card
- Hospital admission card
- Certificate of birth registration
- Passport
- Court record
- Citizenship papers
- Immigration papers
- Alien papers
- Armed forces identification card
- Armed forces discharge papers
If you had a previous divorce, the clerk might require proof of the divorce, such as the divorce decree. This document proves the divorce was legal and recognized. However, not every clerk will require such documentation. Divorce paperwork is typically only necessary when recent, but you should contact the local clerk’s office to determine what paperwork is necessary to secure a marriage license. Make sure the clerk is in the county you intend to marry in.
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.
Applying For a Marriage License in Georgia
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- Varies by County
- License Must Be Submitted:
- Within 30 Days of Ceremony
How quickly do you want to get married? Georgia has a pretty rapid turnaround between license application and approval. While some states have waiting periods after applying, Georgia does not. In theory, a couple can submit their application and have the license approved and delivered the same day. However, most couples are not in such a rush.
How long you wait or how quickly you must get married will depend a lot on the county you choose to marry in. Every county can decide how long a marriage license is valid, with some choosing not to include an expiration at all. To know how long you will have after receiving the license, talk to the local county clerk.
Using a Universal Life Church minister automatically means you need to apply for a religious marriage certificate, regardless of the style of the ceremony. All approved ULC ministers are granted the ability to marry through the church. Therefore, if you are given a choice between a religious or civil marriage certificate, choose the license for the religious ceremony.
Finally, after the wedding, when the couple is officially pronounced, submit the signed license to the county clerk’s office. You need to turn the document in within 30 days. Failing to submit your license on time will make your wedding invalid.
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.
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.
How to Become a Wedding Officiant in Georgia
- 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
While the minister for your wedding does not need to be a resident of the state, he or she will need to be at least 18 years of age. Additionally, as there is no statewide registration process for ministers in Georgia, a ULC minister can technically officiate a wedding after being ordained online. It is always a smart move to contact the local county clerk to ask about any necessary documentation. While not every county will require documentation from the minister, some might. For newly ordained ministers, it is wise to keep your ordination credentials close in case a clerk requests it.
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.
Getting Married in Georgia
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- 2
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
While many people believe a wedding ceremony must be highly technical with a lot of legal jargon, that is not the case in Georgia. The state only requires two portions of a wedding ceremony to be deemed legal: the proclamation and the pronouncement. The proclamation is the portion of the service where both individuals express their desire to wed the other, typically known as the “I do” portion. The pronouncement is the point when the couple is announced in front of their witnesses, typically with the phrase, “I now pronounce you married.”
For a marriage to be legitimate in Georgia, both parties must be present for the ceremony; there is no allowance for a proxy. The couple will also need to designate two witnesses. The marriage license will need to be signed by the officiant, the married couple, and the two witnesses.
Beyond the proclamation, the pronouncement, and the necessary signers, couples are free to adapt the wedding ceremony to their needs and wants. They can customize the celebration to truly reflect their relationship or keep it traditional. The choice is theirs.
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.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
As a wedding officiant, you’ll have an important job after the ceremony: filling out the marriage license. There is a part of the license that will request the officiant's full name. Do not include your title in this space. Instead, find the place for a title and put “minister.” If the license asks for the church address, put your home address. You will also need to ensure every party who needs to signs the license.
While ministers do not need to send records to headquarters, we encourage them to keep records of weddings they perform, especially if they were a paid minister. These personal files will help if questions ever arise.