Georgia’s presumption in favor of a marriage and its presumption in favor of a child’s legitimacy are not separate rules. Each is part of why the other is so hard to overcome.
The Presumption of Legitimacy
Under OCGA 19-7-20(a), “[a]ll children born in wedlock or within the usual period of gestation thereafter are legitimate.” Legitimacy may be disputed, but “[w]here possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary.” OCGA 19-7-20(b).
The Presumption of a Valid Marriage
The companion rule runs the same way. “When a marriage has been regularly solemnized and the parties live together as man and wife, there is a presumption that the parties had capacity to contract the marriage, and of the existence of all other facts necessary to render the marriage valid.” Reed v. Reed, 202 Ga. 508 (1947).
A marriage certificate is enough to trigger it, and the presumption “can only be overcome by plenary proof of its invalidity.” Mims v. Hardware Mutual Casualty Co., 82 Ga. App. 210 (1950).
Why the Two Are Linked
Reed explains the connection. The presumption of validity “is one of the strongest presumptions of the law,” and it exists because the law presumes marriage rather than cohabitation and legitimacy rather than illegitimacy. “The strength of the presumption increases with the lapse of time.”
That is why the burden is so unusual. The presumption “can be negatived only by disproving every reasonable possibility,” because “[t]he status of the woman is involved as well as the legitimacy of children.”
What That Looks Like in Practice
In Reed, a husband tried to escape temporary alimony by arguing his own marriage was void because he had a living undivorced wife. He lost. Proving he had not obtained a divorce was not enough; he had to rule out his first wife having obtained one somewhere.
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!