0 chapters · 398 sections in this title.
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 Support duty
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Validity for purposes of article, §19-11-43. COMMUNITY HEALTH, DEPARTMENT OF. Blood test for sickle cell disease. Information provided, §19-3-40. COMMUNITY SUPERVISION AND TRANSITION. Family violence intervention programs, §§19-13-10 to 19-13-17. COMMUNITY SUPERVISION DEPARTMENT.…
O.C.G.A. § 19-3-10 Termination of parental rights
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Contractual relinquishment of parental rights, §19-7-1. Voidable transactions. Oral contracts. When transfer made, §18-2-76. CONTROL OF CHILD. Parental power, §19-7-1. CONVEYANCES. Debtors and creditors. Effect of giving debtor permission to exercise control over conveyed propert…
O.C.G.A. § 19-3-2 BANKING AND FINANCE
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Debt adjustment, §§18-5-1 to 18-5-5. BILLIARD ROOMS. Child support enforcement. Suspension or denial of license for failure to pay support, §§19-6-28.1, 19-11-9.3. Licenses. Child support enforcement. Suspension or denial of license for failure to pay support, §§19-6-28.1, 19-11-…
O.C.G.A. § 19-3-3 BURDEN OF PROOF
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Child support. Paternity. Temporary order on evidence of paternity, §19-7-46.2. Dating violence protective orders. Hearing on petition, §19-13A-3. Illegitimacy, §19-7-20. Interstate family support act. Contesting validity of registered order, §19-11-166. Paternity.
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. § 19-3-32 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 Issuance, return, and recording of license
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Premarital education; fees; special requirements if marriage applicant is 17 years old. Issuance of licenses at satellite courthouses in certain counties. Penalty for improper issuance of license. Application for marriage license; contents; supplement marriage report. 19-3-43. 19…
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 Supporting affidavits, §19-3-33
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Use as evidence, §19-3-34. Use of surname, §19-3-33.1. Verification, §19-3-33. Certification, §19-3-39. Clerk for issuance of licenses in certain municipalities, §19-3-30. Distribution of marriage manual, §19-3-41. False information in connection with application and issuance, §19-…
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. § 19-3-4 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. § 19-3-40 Central authority
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Interstate Family Support Act, §19-11-180. Certification.
O.C.G.A. § 19-3-41.1 Forced marriage void, §19-3-7
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Foreign marriages. Recognition, §19-3-43. 1405 INDEX MARRIAGE —Cont’d Homosexuality. Same sex marriages prohibited, §19-3-3.1. License not to be issued to persons of same sex, §19-3-30. Incestuous marriage prohibited, §19-3-3. Injunctions.
O.C.G.A. § 19-3-42 Void marriages
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Bigamist marriage, §19-3-2. Consanguineous marriage, §19-3-3. Contracts attempting to force marriage, §19-3-7. Effect of later ratification, §19-3-5. Incestuous marriage, §19-3-3. MARRIAGE —Cont’d Void marriages —Cont’d Legitimacy of issue, §19-3-5. Who may contract marriage, §19-…
O.C.G.A. § 19-3-43 Support and maintenance
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Interstate family support act, §§19-11-100 to 19-11-191. R RACETRACKS. Motor vehicle racetrack operators. Licenses. Suspension. Child support enforcement, §§19-6-28.1, 19-11-9.3. RECOGNITION OF FOREIGN CHILD CUSTODY DETERMINATION. Uniform child custody jurisdiction and enforcemen…
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 Issuance, §19-3-30
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Applicants otherwise eligible, §19-3-35. MARRIAGE —Cont’d Licenses —Cont’d Issuance —Cont’d Forfeiture for improper issuance. By whom and when action brought, §19-3-45. Improper issuance, §19-3-32. Forfeiture, §19-3-45. Misdemeanor, §19-3-32. Satellite courthouses, §19-3-31. Prem…
O.C.G.A. § 19-3-47 Improper issuance, §19-3-32
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Minors. Selling child for money or anything of value, §19-8-24. Selling child for money or anything of value, §19-8-24. CROSS INDEXES. Marriage licenses. Establishment of marriage by affidavit of witnesses to ceremony. Recording and cross indexing in proper chronological order, §…
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 339 T.19, C.3, A.3 the marriage ceremony joins together in matrimony any man and woman without a license or the publication of banns or if t…
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. § 19-3-5 Consummation requirement, §19-3-1
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Contracts. Antenuptial agreements, §§19-3-62 to 19-3-66. Capacity to, §19-3-1.
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. § 19-3-60 Minority of party, effect, §19-3-61
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Recordation, §19-3-65. Requirements, §19-3-62. Trust estate. Appointing and removing trustees, protecting estate. Power of superior court judge, §19-3-65. ANTENUPTIAL AGREEMENTS —Cont’d Voluntary execution, §19-3-64. ANTHROPOLOGICAL TESTS. Paternity proceedings. Evidence at trial…
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. § 19-3-66 Paternity proceedings
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Settlement agreements, §19-7-48. Postnuptial settlements. In whose favor enforced, §19-3-66. SEXUAL ASSAULT. Marriage fact sheet to be distributed by premarital education providers, §19-3-41.1. SEXUAL EXPLOITATION OF CHILDREN. Reporting child abuse, §19-7-5. Sexual abuse and sexu…
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 …