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2019 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 1 - General Provisions
§ 19-3-2. Who may contract marriage; emancipation requirement; minimum age for marriage

Universal Citation: GA Code § 19-3-2 (2019)
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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 proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and

    • (4) Not be related to the prospective spouse by blood or marriage within the prohibited degrees.

  • (b) If either applicant for marriage is 17 years of age, documentary proof that such applicant was emancipated by operation of law or pursuant to a petition filed with the court as provided in Article 10 of Chapter 11 of Title 15 shall be required before a license may be issued pursuant to Article 2 of this chapter; provided, in addition, that:

    • (1) If the emancipation was pursuant to a petition filed with the court, a certified copy of the order providing for the emancipation shall be provided as documentary proof;

    • (2) At least 15 days shall have passed since such emancipation shall have occurred by operation of law or pursuant to a petition filed with the court;

    • (3) The older party to the marriage contract shall not be more than four years older than the younger party to the marriage contract; and

    • (4) Each party to the marriage contract who is 17 years of age shall present a certificate of completion of premarital education as provided under Code Section 19-3-30.1.

  • (c) No license provided for under Article 2 of this chapter shall be issued for the marriage of any party who is under 17 years of age.

History:

Orig. Code 1863, § 1654; Code 1868, § 1698; Code 1873, § 1699; Code 1882, § 1699; Civil Code 1895, § 2412; Civil Code 1910, § 2931; Code 1933, § 53-102; Ga. L. 1957, p. 83, § 1; Ga. L. 1962, p. 138, § 1; Ga. L. 1963, p. 485, § 1; Ga. L. 1965, p. 335, § 1; Ga. L. 1965, p. 500, § 1; Ga. L. 1976, p. 1719, § 1; Ga. L. 1979, p. 872, § 1; Ga. L. 1999, p. 81, § 19; Ga. L. 2006, p. 141, § 6A/HB 847; Ga. L. 2019, p. 558, § 1-1/HB 228.

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