Georgia Marriage Laws

Statutes

• Georgia Domestic Relations Section 19-3-1 (validity of marriage)
• Georgia Domestic Relations Section 19-3-2 (requirements for marriage)
• Georgia Domestic Relations Section 19-3-1.1 (common law marriage)

Validity of Marriage

A legal marriage in Georgia requires the following:

• The parties can enter a contract;
• An actual contract; and
• Consummation of the marriage.

The Parties' Ability to Contract

A party may contract under the following conditions:

• The party is of sound mind;
• At least 18 years old (except for certain situations);
• Has no living spouse of a previous undissolved marriage; and
• Isn't related to the prospective spouse by blood or marriage within a certain degree.

Actual Contract: Getting married is an actual contract between the spouses; the parties to marry.

Consummation: Achieved by obtaining a marriage license and participating in the ceremony performed by an authorized person.

Types of Marriage

Minor Marriage

Since you must be at least 18 years old to marry without consent, there are state law requirements for a marriage involving a minor. In Georgia, if a minor (at least 16) wants to marry, they can only get married with parental consent. However, a minor can get a marriage license without parental consent in the event of pregnancy or the birth of a child.

Same Sex Marriage

Although the Georgia statute states that same sex marriages are against public policy, same sex marriage became valid in every state (including Georgia) by a Supreme Court decision in 2015.

Common Law Marriage

Although Georgia abolished common law marriage in 1996, the state does recognize a common law marriage from another state or any common law marriage that was valid in Georgia prior to 1996.