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Georgia Statutes, Title 19

Georgia/Statutes

← All Georgia coverage

Title 19

17 chapters · 481 sections in this title.

All chapters in Title 19481 Ch 11, ENFORCEMENT OF DUTY OF SUPPORT174 Ch 9, CHILD CUSTODY PROCEEDINGS72 Ch 3, MARRIAGE GENERALLY41 Ch 6, ALIMONY AND CHILD SUPPORT41 Ch 7, PARENT AND CHILD RELATIONSHIP GENERALLY32 Ch 8, ADOPTION32 Ch 13, FAMILY VIOLENCE30 Ch 5, DIVORCE17 Ch 10A, SAFE PLACE FOR NEWBORNS8 Ch 15, CHILD ABUSE7 Ch 2, DOMICILE6 Ch 13A, DATING VIOLENCE PROTECTIVE ORDERS6 Ch 4, ANNULMENT OF MARRIAGE5 Ch 12, NAME CHANGE4

41 sections·Filtered byTitle 19✕Ch 3✕

O.C.G.A. § 19-3-1 In re Estate of Love, 274 Ga
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App. 316, 618 S.E.2d 97, 2005 Ga. App. LEXIS 768 (2005). In order for a common law marriage to come into existence, the parties must be able to contract, must agree to live together as man and wife, and must consummate the agreement, and all three of these elements as set forth i…
O.C.G.A. § 19-3-1.1 Common-law marriage; effectiveness
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No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state. History. Code 1981, § …
O.C.G.A. § 19-3-10 Right of married persons to contract; presumptions
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A married person may make contracts with other persons; but, when a transaction between a husband and wife is attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If a husband or a wife has a separate esta…
O.C.G.A. § 19-3-2 Who may contract marriage; emancipation requirement; minimum age for marriage
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(a) To be able to contract marriage, a person must: (1) Be of sound mind; (2) Except as provided in subsection (b) of this Code section, be at least 18 years of age; (3) Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce pr…

O.C.G.A. § 19-3-3 Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage

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(a) Any person who marries a person to whom he knows he is related, either by blood or by marriage, as follows: (1) Father and daughter or stepdaughter; (2) Mother and son or stepson; (3) Brother and sister of the whole blood or the half blood; (4) Grandparent and grandchild; (5)…

O.C.G.A. § 19-3-3.1 Marriages between persons of same sex prohibited; marriages not recognized

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(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No marriage between persons of the same sex shall be recognized as entitled to the beneﬁts of marriag…

O.C.G.A. § 19-3-4 Nature of consent required

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To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud. History. Orig. Code 1863, § 1656;…

O.C.G.A. § 19-3-5 What marriages void; legitimacy of issue; effect of later ratiﬁcation

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(a) Marriages of persons unable to contract, unwilling to contract, or fraudulently induced to contract shall be void. However, the issue of such a marriage born before the marriage is annulled and declared void by a competent court shall be legitimate. (b) In the case of persons…

O.C.G.A. § 19-3-6 Effect of restraints on marriage; when valid

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Marriage is encouraged by the law. Every effort to restrain or discourage marriage by contract, condition, limitation, or otherwise shall be invalid and void, provided that prohibitions against marriage to a particular person or persons or before a certain reasonable age or other…

O.C.G.A. § 19-3-7 Contracts attempting to force marriage void

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The policy of the law being opposed equally to restrictions on marriage and to marriages not the result of free choice, all contracts or bonds made to hinder or to force marriage are deemed fraudulent and void. History. Orig. Code 1863, § 3113; Code 1868, § 3125; Code 1873, § 318…

O.C.G.A. § 19-3-8 Interspousal tort immunity continued

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Interspousal tort immunity, as it existed immediately prior to July 1, 1983, shall continue to exist on and after July 1, 1983. History. Orig. Code 1863, § 1700; Code 1868, § 1743; Code 1873, § 1753; Code 1882, § 1753; Civil Code 1895, § 2473; Civil Code 1910, § 2992; Code 1933, …

O.C.G.A. § 19-3-9 Each spouse’s property separate

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The separate property of each spouse shall remain the separate property of that spouse, except as provided in Chapters 5 and 6 of this title and except as otherwise provided by law. History. Laws 1809, Cobb’s 1851 Digest, p. 305; Code 1863, § 1701; Ga. L. 1866, p. 146, § 1; Code …

O.C.G.A. § 19-3-30 Issuance, return, and recording of license

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(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. (b)(1) No marriage license shall be issued to persons of the same sex. (2) If one of the perso…

O.C.G.A. § 19-3-30.1 Premarital education; fees; special requirements if marriage applicant is 17 years old

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(a) The premarital education provided for under this Code section shall include at least six hours of instruction involving marital issues, which may include but not be limited to conﬂict management, communication skills, ﬁnancial responsibilities, child and parenting responsibil…

O.C.G.A. § 19-3-31 Issuance of licenses at satellite courthouses in certain counties

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Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census or in counties where the county site is located in an unincorporated portion of the county, the judge of the p…

O.C.G.A. § 19-3-32 Penalty for improper issuance of license

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If any judge of the probate court or clerk issues a marriage license in violation of subsection (a) of Code Section 19-3-30, the judge or clerk, as the case may be, shall be guilty of a misdemeanor. History. Ga. L. 1956, p. 43, § 2.

O.C.G.A. § 19-3-33 Application for marriage license; contents; supplement marriage report

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(a) A marriage license shall be issued on written application therefor, made by the persons seeking the license, veriﬁed by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed h…

O.C.G.A. § 19-3-33.1 Use of surname in application for marriage license

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(a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided…

O.C.G.A. § 19-3-34 Marriage application to be ﬁled; use as evidence; transmission to the state registrar

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(a) Except as provided in subsection (b) of this Code section, the application for a marriage license shall be ﬁled in the office of the judge of the probate court before a marriage license shall be issued and shall remain in the permanent ﬁles in the office of the judge. It may …

O.C.G.A. § 19-3-35 Issuance of license to applicants otherwise eligible

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When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued immediately and wit…

O.C.G.A. § 19-3-35.1 AIDS brochures; listing of HIV test sites; acknowledgment of receipt

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(a) Any term used in this Code section and deﬁned in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) The Department of Public Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behav…

O.C.G.A. § 19-3-36 Proof of age of applicants

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The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section 19-3-2 regarding age limitations are met. The judge shall require all applicants to furnish the court with document…

O.C.G.A. § 19-3-39 Certiﬁcation and recordation of marriage after publication of banns

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If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other authorized person joins in marriage persons whose banns have been published, the person shall certify the fact to the judge of the probate court of the county where the …

O.C.G.A. § 19-3-40 Blood test for sickle cell disease; information to be provided

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(a) As used in this Code section, the term “blood test for sickle cell disease” means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin. (b) The Department of Public Health shall prepare information for public dissemination on the de…

O.C.G.A. § 19-3-41 Department of Public Health marriage manual; distribution; rules and regulations

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(a) The Department of Public Health shall prepare a marriage manual for distribution by the judge of the probate court or his clerk to all applicants for a marriage license. The manual shall include, but shall not be limited to, material on family planning. (b) The manual provide…

O.C.G.A. § 19-3-41.1 Fact sheet for distribution by premarital education providers; requirements

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(a) The Department of Public Health shall prepare a fact sheet for public availability and for distribution by premarital education providers. The Department of Public Health shall make such fact sheet available in electronic form, including, but not limited to, a version that ca…

O.C.G.A. § 19-3-42 Effect on marriage due to the lack of authority in person officiating

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A marriage which is valid in other respects and supposed by the parties to be valid shall not be affected by want of authority in the minister, Governor or any former Governor of this state, judge, city recorder, magistrate, or other person to solemnize the same; nor shall such o…

O.C.G.A. § 19-3-43 Marriage in another state; effect in this state

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(a) All marriages solemnized in another state by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state. Parties residing in this state may not evade any of the laws of this state as to marriage, incl…

O.C.G.A. § 19-3-44 Return of license to parties

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(a) The judge of the probate court of each county shall return to the parties to a marriage the license and the return thereon after the same have been recorded as provided by law. This subsection shall be applicable to all marriage licenses and the returns thereon recorded after…

O.C.G.A. § 19-3-45 Actions for improper issuance of marriage license; attorney’s fee and court costs; disposition of balance of recovery

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Any judge of the probate court who by himself or his clerk knowingly grants a license without the required consent or without proper precaution in inquiring into the question of minority shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the fat…

O.C.G.A. § 19-3-46 Forfeiture for officiating at marriage without license or banns

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The Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony who joins in marriage any couple without a license or the publication of banns shall forfeit the sum of $500.00, to be re…

O.C.G.A. § 19-3-47 Penalty for ﬁling false information in application for license

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Any person who willfully furnishes false information in connection with the application and issuance of any marriage license, either in the application for the license, in furnishing proof of age, or in the physician’s certiﬁcate as to pregnancy, shall be guilty of a misdemeanor.…

O.C.G.A. § 19-3-48 Penalty for officiating at illegal marriage ceremony

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If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony joins together in matrimony any man and woman without a license or the publication of banns or if the person performin…

O.C.G.A. § 19-3-49 Acceptance by judges of tips, consideration, or gratuities

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In addition to any compensation otherwise provided by law, any judge who performs a marriage ceremony at any time, except normal office hours, may receive and retain as personal income any tip, consideration, or gratuity voluntarily given to such judge for performing such marriag…

O.C.G.A. § 19-3-60 Deﬁnition; marriage as valuable consideration

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(a) As used in this article, the term “antenuptial agreement” means a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year’s support, sp…

O.C.G.A. § 19-3-61 Effect of minority of party

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The minority of either party to an antenuptial agreement or to a marriage contract shall not invalidate it, so long as the party is of lawful age to contract marriage. History. Orig. Code 1863, § 1734; Code 1868, § 1775; Code 1873, § 1784; Code 1882, § 1784; Civil Code 1895, § 24…

O.C.G.A. § 19-3-62 Requirements and construction of antenuptial agreements

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An antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public. Antenuptial agreements shall be liberally construed to carry into effect the intention of the parties, and no …

O.C.G.A. § 19-3-63 Construction of marriage contract; attestation

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Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate the same. Such marriage contract shall be in writing, signed by both…

O.C.G.A. § 19-3-64 Voluntary execution of antenuptial agreement; conveyance of property during marriage

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A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or credito…

O.C.G.A. § 19-3-66 Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements

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(a) Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. (b) Antenuptial agreements may be enforced by a court of equity at the instance of: (1) The parties to the marriage; or (2) The …

O.C.G.A. § 19-3-65 ANTENUPTIAL AGREEMENTS —Cont’d Voluntary execution, §19-3-64

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ANTHROPOLOGICAL TESTS. Paternity proceedings. Evidence at trial. Refusal to submit to test, §19-7-46. APPEALS. Child custody proceedings. Uniform child custody jurisdiction and enforcement act, §19-9-94. Child support recovery act. Appeal of determination, §19-11-15. Liens, §19-1…