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Marriage in Georgia

Marriage in Georgia

In Georgia, for two people to enter into a valid marriage, the following requirements must be met:

  1. The parties must be able to contract;
  2. An actual contract must be entered into; and
  3. The marriage must be consummation according to law.

O.C.G.A. § 19-3-1. In order to enter into a valid contract to marry, the two individuals seeking to wed must:

  1. Be of sound mind;
  2. Be at least 18 years of age (if between the ages of 16 or 17, parental consent is required);
  3. Have no living spouse of a previous un-dissolved or currently existing marriage;
  4. Not be related by blood or marriage with in the prohibited degrees; and
  5. Enter into the marriage voluntarily and without any fraudulent influence.

O.C.G.A. §§ 19-3-2 and 19-3-4.

Regarding the fourth requirement listed above, Georgia law prohibits individuals who have the following familial relationships with each other from marrying. In fact, any party who knowingly enters a marriage with another individual who is related to them by any of the following relationships may be subject to imprisonment for up to three years:

  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

O.C.G.A. § 19-3-3.

Additionally, Georgia law prohibits marriage between individuals of the same sex and does not recognize same sex marriages entered into in other states. O.C.G.A. § 19-3-3.1.

For more information regarding how to procure a marriage license and what requirements must be met before you and your prospective spouse will be issued a marriage license and marriage certificate, contact your counties Probate Court. To find your local Probate Court's information, or to view of a list of Georgia's requirements to obtain a marriage license.