Marriage Licenses
A marriage license may be issued to a man and a woman under the following conditions and procedures:
County of |
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If one of the parties is a resident of Georgia, the license can be issued in any county. |
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If neither party is a resident of Georgia, the license must be issued in the county in which the marriage ceremony is to be performed. |
Application: |
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A marriage license is issued based upon a written application made by the applicants, verified by oath of the applicants. |
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Blood Test: |
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As of July 1, 2003, premarital blood tests are no longer required. |
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Surname: |
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The applicants must designate on the application the legal surname that will be used after the marriage. An applicant may choose his or her given surname or his or her surname as changed by order of the superior court, the surname from a previous marriage, the spouse's surname, or a combination of the spouse's surname and the applicant's given or changed surname or surname from a previous marriage |
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Legal |
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The parties must be of sound mind, must have no living spouse from an undissolved prior marriage, and must not be related in a degree prohibited by law. If the parties are at least 18 years of age, they may apply without parental consent. If either or both parties are less than 18 years of age, but at least 16 years of age, the parties may apply only with parental consent of the underage party or parties. Both parents must give written consent unless his/her rights have been terminated by an Order of a court. |
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Persons related by blood or marriage, falling within the following relationships may not be married in Georgia: (1) father and daughter or stepdaughter, (2) mother and son or stepson, (3) brother and sister of the whole blood or half blood, (4) grandparent and grandchild, (5) aunt and nephew, and (6) uncle and niece. |
Premarital Education Program: |
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Under Georgia Law, a man and woman who present to the court at the time of making application a certificate of completion of a qualifying premarital education program shall not be assessed a marriage license fee. The premarital education 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 responsibilities, and extended family roles. The premarital education shall be completed within 12 months prior to the application for a marriage license and the couple shall undergo the premarital education together. The premarital education shall be performed by: (1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A psychiatrist who is licensed as a physician pursuant to Chapter 34 of Title 43; (3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or (4) An active member of the clergy when in the course of his or her service as clergy or his or her designee, including retired clergy, provided that a designee is trained and skilled in premarital education. |
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Counties: |
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Check the individual county probate courts for more information concerning each court. |
Who (from Georgia Code 16-11-129b):
Licensing exceptions. No license shall be granted to:
(1) Any person under 21 years of age;
(2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;
(3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;
(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license; or
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
(B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
(ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
(iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71.
Where: Local County Probate Court
When: Hours of operation are set by each court, usually standard business hours, Monday - Friday.
What to Bring: Georgia driver's license, Georgia State ID card or voter registration card with current address. $24.00 Money Order/all applicants. A self addressed, stamped envelope. Foreign nationals must have INS resident card. If you are a naturalized US citizen, you should bring your naturalization papers.
How Long: adequate time to complete application and be fingerprinted.
Receipt of License: Up to 60 days from application.
