Georgia requires a marriage license. It does not say that a marriage without one is void, and in 2021 the Court of Appeals decided that the difference matters.
Chen v. Chen
A couple held a wedding celebration in 2007 with family and friends, exchanged rings and vows, and were pronounced husband and wife. They did not obtain a license until 2016, when they went through a second ceremony at a Gwinnett County courthouse. When the husband filed for divorce he claimed the marriage began in 2016. The wife said 2007.
The trial court found they were married in 2007. The Court of Appeals affirmed. Chen v. Chen, 362 Ga. App. 99 (2021).
Why the Missing License Did Not Matter
The court “found no binding authority establishing that the failure to procure a marriage license renders a ceremonial marriage void,” and explained why. Georgia’s statutes set out how licenses are obtained and issued, and impose penalties on an issuing authority or officiant who fails to comply, but “[n]one of these statutes … expressly renders void an unlicensed ceremonial marriage between persons able and willing to contract.” Chen, 362 Ga. App. 99.
The penalties are real, and they run against the wrong person to help a spouse. Under OCGA 19-3-46, an officiant who joins a couple in marriage without a license forfeits $500.
What Still Has to Be Proved
Nothing in Chen removes the three elements of OCGA 19-3-1. The couple still had to be able to contract, actually to contract, and to consummate. In Chen that was satisfied because both intended a lawful marriage ceremony, they exchanged vows, they lived together, and they had three children afterward.
One question remains open. Chen involved a ceremony someone else performed. Georgia courts have not decided whether a self-solemnized marriage, with no officiant at all, is valid.
Contact Us
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!