Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 3. MARRIAGE GENERALLY · Article 2. LICENSE AND CEREMONY

19-3-42. Effect on marriage due to the lack of authority in person officiating.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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 objection be heard from one party who has fraudulently induced the other to believe that the marriage was legal.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 1667; Code 1868, § 1708; Code 1873, § 1709; Code 1882, § 1709; Civil Code 1895, § 2423; Civil Code 1910, § 2492; Code 1933, § 53-213; Ga. L. 1983, p. 884, § 4-1; Ga. L. 2010, p. 394, § 3/SB 238.

Law reviews

For comment, “By the Power Vested in Me? Licensing Religious Officials to Solemnize Marriage in the Age of Same-Sex Marriage,” see 63 Emory L.J. 979 (2014).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 349; merge action: carried; file SHA-256 eddc877da9f2.