When a marriage was made somewhere else, a Georgia court has to decide whose law governs. There are really two questions, and litigants lose on the second one more often than the first.
The Rule Itself
Marriage is treated as a civil contract, and its validity is judged by the law of the place where it was made. Norman v. Ault, 287 Ga. 324 (1) (2010). Georgia has followed that principle since the nineteenth century.
But You Have to Raise It
A Georgia court will not go looking for another state’s law. OCGA 9-11-43(c) provides that “[a] party who intends to raise an issue concerning the law of another state or of a foreign country shall give notice in his pleadings or other reasonable written notice.”
Miss that step and the point is gone. In Chen v. Chen, 362 Ga. App. 99 (2021), the disputed wedding ceremony took place in New York, but neither spouse gave notice that New York law might apply. The Court of Appeals applied Georgia law, noting that absent adequate notice Georgia courts presume the foreign law is the same as Georgia’s.
Notice does not have to be in the complaint. In Norman, the wife raised Alabama law through the pretrial order, and that was enough.
How the Court Finds That Law
Once the issue is properly raised, OCGA 9-11-43(c) lets the court consider “any relevant material or source,” whether or not a party submitted it and whether or not it would be admissible. The court’s determination is treated as a ruling on a question of law.
Georgia Law Still Does Some Work
The other state’s law governs the substance. Georgia’s own law still supplies “rules of evidence, methods of shifting the burden of proof, and the presumptions arising from given states of fact.” Norman, 287 Ga. 324 (1).
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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!