Georgia’s marriage machinery is short and mostly clerical. It runs through the probate court.
The License
Under OCGA 19-3-30(a), marriage licenses “shall be issued only by the judge of the probate court or his clerk at the county courthouse between the hours of 8:00 A.M. and 6:00 P.M., Monday through Saturday.”
Venue is generous. If either person is a Georgia resident, the license may be issued in any county in the state. If neither is a Georgia resident, it has to be issued in the county where the ceremony will take place. OCGA 19-3-30(b)(2).
The Application
OCGA 19-3-33 requires a written application, verified by oath, stating that there is no legal impediment to the marriage and giving both full present names, dates of birth, addresses, and parents’ names. The application also states whether the couple has completed premarital education, and if they say they have, the certificate goes in with the application.
The application form is also where each spouse designates the surname they will use afterward, which may be their given surname, a surname from a previous marriage, the other spouse’s surname, or a combination. OCGA 19-3-33.1.
Who May Perform It
The license itself names who may act on it: the Governor or any former Governor of Georgia, any judge (including judges of Georgia and federal courts of record in this state), a city recorder, a magistrate, a minister, or another person authorized by the rules of a religious society to perform marriages. OCGA 19-3-30(c).
The Return
Whoever performs the ceremony must return the license to the probate judge, with a certificate showing the fact and date of the marriage, within 30 days. The judge then records it.
If the officiant turns out to have lacked authority, that alone does not undo the marriage. OCGA 19-3-42.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!