What Are Georgia State Marriage Laws? Get Married Easily

Georgia state marriage laws are designed to ensure that marriages performed within the state are valid and recognized both in Georgia and across the United States. Understanding these laws is crucial for couples planning to get married in Georgia, as they outline the requirements and procedures that must be followed.

Age Requirements

One of the fundamental aspects of Georgia marriage laws is the age requirement. In Georgia, individuals must be at least 18 years old to get married without parental consent. However, with parental consent, individuals can get married at a younger age. For minors (those under 18), both parents must give their consent, or the minor must have been emancipated. This law aims to protect minors from potentially coerced or premature marriages.

Consent and Capacity

Georgia marriage laws also emphasize the importance of consent and capacity. Both parties must give their free and informed consent to the marriage. This means that both individuals must understand the nature of the contract they are entering into and be capable of making such a decision. Incapacity due to mental illness, intoxication, or other factors that might impair judgment can render a marriage voidable.

Blood Tests and Licenses

Historically, many states, including Georgia, required blood tests before issuing a marriage license to check for certain health conditions, such as rubella or syphilis. However, as of 2003, Georgia no longer requires a pre-marital blood test for individuals applying for a marriage license. The primary requirement now is obtaining a marriage license from a probate court in any Georgia county. The license is then valid for 30 days, and there is no waiting period before the marriage can be performed.

Ceremony and Officiant Requirements

The marriage ceremony in Georgia must be performed by an authorized officiant. This can include judges, ordained ministers, and other individuals licensed by the state to perform marriages. The ceremony itself does not have to follow a specific format but must include the pronouncement of the couple as husband and wife by the officiant. This pronouncement is what legally binds the couple in marriage.

Same-Sex Marriages

Following the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex marriage is legal in Georgia, as it is in all U.S. states. This ruling ensures that same-sex couples have the same rights and obligations in marriage as opposite-sex couples, including the right to marry in Georgia.

Recognition of Out-of-State Marriages

Georgia recognizes marriages performed in other states, provided those marriages were valid under the laws of the state where they were performed. This is in line with the Full Faith and Credit Clause of the U.S. Constitution, which requires states to recognize the public acts, records, and judicial proceedings of every other state.

Divorce and Annulment

While marriage laws dictate how a marriage begins, Georgia also has laws governing how a marriage can end, whether through divorce or annulment. Divorce in Georgia can be either contested or uncontested, depending on whether the spouses agree on the terms of the divorce. Annulment, which is less common, essentially declares that the marriage never existed legally, and it can be sought under specific circumstances, such as fraud, duress, or incapacity.

Conclusion

Getting married in Georgia involves a straightforward process, from obtaining a marriage license to having the ceremony performed by an authorized officiant. Understanding Georgia state marriage laws can help couples navigate the process with ease, ensuring their marriage is legally recognized and they can start their life together without unnecessary complications.