About Marriage Law in Georgia, United States
Marriage law in Georgia, United States governs the legal process of entering into, maintaining, and dissolving a marriage. Georgia recognizes both traditional and common law marriage under certain conditions, though common law marriages may only be recognized if entered into before a specific date. The state requires couples to meet certain age, consent, and licensing requirements before a marriage license can be issued. Additionally, Georgia law covers related matters such as property rights, spousal support, prenuptial agreements, and legal separation. Understanding these regulations is important for couples planning to marry or those with questions about the legal implications of marriage in the state.
Why You May Need a Lawyer
Many situations can arise where legal guidance is beneficial or even necessary in marriage matters. Some of the most common reasons to seek a lawyer include:
- Drafting or reviewing prenuptial or postnuptial agreements
- Navigating complex property or asset ownership issues
- Addressing spousal support and alimony concerns
- Obtaining a marriage license when there are unique circumstances, such as prior marriages or missing documentation
- Resolving disputes or questions about the validity of a marriage
- Handling annulments or legal separations
- Protecting personal rights in cases involving domestic abuse or coercion
A knowledgeable lawyer can help interpret state laws, ensure paperwork is completed correctly, and advocate for your interests during legal proceedings.
Local Laws Overview
Georgia marriage law has several key rules and procedures that couples should understand:
- Both parties must be at least 18 years old to marry without parental consent. Seventeen-year-olds may marry with parental and judicial approval under limited circumstances.
- Georgia does not require a waiting period after issuance of a marriage license, unless one party was previously married and divorced in the last 30 days.
- A marriage license must be obtained from a probate court; no blood tests are required.
- Georgia recognizes only marriages between two people; same-sex marriage is legal as per federal law.
- Cousin marriages are allowed, but marriages between closer relatives (such as siblings) are prohibited.
- Common law marriages are generally not recognized unless formed before January 1, 1997.
- Divorce and annulment are distinct legal processes, each with unique requirements.
- Property acquired during marriage is typically considered jointly owned unless specified otherwise in an agreement.
Being aware of these laws can help couples avoid potential legal issues and ensure compliance with state requirements.
Frequently Asked Questions
How do I apply for a marriage license in Georgia?
You must apply in person at a Georgia probate court. Both parties should bring valid identification and, if previously married, proof of divorce or death of the former spouse.
Is there a residency requirement to get married in Georgia?
No, you do not need to be a Georgia resident. However, if neither applicant is a Georgia resident, you must apply in the county where the ceremony will take place.
What is the cost of obtaining a marriage license in Georgia?
The cost varies by county, typically ranging from 56 to 76 dollars. Some counties offer a reduced fee if you provide proof of premarital counseling.
Can minors get married in Georgia?
Minors who are 17 years old may marry with both parental consent and a court order, provided specific conditions are met. Persons younger than 17 cannot legally marry in Georgia.
Does Georgia recognize common law marriages?
Only common law marriages established before January 1, 1997 are recognized in Georgia. New common law marriages cannot be formed in the state.
Do I need a blood test to get married in Georgia?
No, Georgia does not require blood tests or health certificates for marriage.
Are same-sex marriages allowed in Georgia?
Yes, same-sex marriages are legal in Georgia following the 2015 United States Supreme Court decision in Obergefell v. Hodges.
Can I change my name after marriage?
Yes, spouses can choose to change their last name after marriage by using the certified marriage certificate to update their identification and records.
What is the difference between annulment and divorce in Georgia?
Annulment declares a marriage legally invalid as if it never existed due to specific reasons, such as fraud or incapacity. Divorce ends a valid marriage based on grounds such as irreconcilable differences.
How long does it take for a divorce to be finalized in Georgia?
If both parties agree to all terms, a divorce may be finalized as soon as 31 days after filing. Contested divorces may take several months or longer, depending on the complexity of the case.
Additional Resources
Several resources and organizations can assist those seeking legal advice or support concerning marriage in Georgia:
- Georgia Department of Public Health - for information on vital records and marriage certificates
- Georgia Probate Courts - for marriage license applications and legal requirements
- State Bar of Georgia - for locating qualified family law attorneys
- Georgia Legal Services Program - for low income individuals seeking legal assistance
- Local family law clinics and legal aid societies
These resources offer guidance, forms, and access to professional legal support to help couples navigate marriage-related legal matters.
Next Steps
If you need legal assistance with marriage-related issues in Georgia, consider the following steps:
- Gather essential documents such as identification, proof of residency, and records of any previous marriages or divorces.
- Contact your local probate court for detailed instructions on obtaining a marriage license or filing related forms.
- If complex legal concerns arise, such as prenuptial agreements or questions about property rights, consult a knowledgeable family law attorney.
- If affordability is a concern, research legal aid options or clinics in your area.
- Take advantage of available educational resources to fully understand your rights and responsibilities under Georgia marriage law.
Navigating marriage laws can seem overwhelming, but with the right preparation and legal support, you can protect your interests and make informed decisions every step of the way.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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