O.C.G.A. § 19-2-6 (2019)
Change of domicile which is dependent on that of another; change of ward’s domicile affecting inheritance
(a) A person whose domicile for any reason is dependent upon that of another cannot effect a change of his own domicile. (b) A guardian cannot change the domicile of his ward by a change of his own domicile or in any other fashion so as to interfere with the rules of inheritance or succession or otherwise to affect the rights of inheritance of third persons.
History
Orig. Code 1863, § 1651; Code 1868, § 1695; Code 1873, § 1696; Code 1882,
§ 1696; Civil Code 1895, § 1830; Civil Code 1910, § 2187; Code 1933, § 79-407.
Annotations
JUDICIAL DECISIONS Section unconstitutional insofar as it might prevent voting registration. - The joint operation of former Code 1933, § 79-407 (see O.C.G.A. § 19-2-6) and former Code 1933, § 34-632, insofar as it established an irrebuttable presumption that the domicile and residence of a married woman is that of her husband, and thereby prevents her from registering to vote in Georgia, violates U.S. Const., amend. 19. Kane v. Fortson, 369 F. Supp. 1342, 1973 U.S. Dist. LEXIS 10431 (N.D. Ga. 1973). Minor has no power to bring about change of domicile. Jackson v. Southern Flour & Grain Co., 146 Ga. 453, 91 S.E. 481, 1917 Ga. LEXIS 339 (1917).
Person adjudged insane cannot, by the person’s own act or volition, effect change in domicile. Stanfield v. Hursey, 36 Ga. App. 394, 136 S.E. 826, 1927 Ga. App. LEXIS 88 (1927). Change of domicile by incompetent. - Whether incompetent may change domicile depends on extent to which reason is impaired; a comparatively slight degree of understanding is required and it is sufficient if the person understands the nature and effect of the person’s act. Davis v. Mullis, 296 F. Supp. 1345, 1969 U.S. Dist. LEXIS 10503 (S.D. Ga. 1969).
OPINIONS OF THE ATTORNEY GENERAL Previous marriage of minor female allows change in her domicile. - Previous marriage of minor female, with or without parents’ consent, not only eman-
cipates her from her parents’ control, but also allows a change in her domicile. 1981 Op. Att’y Gen. No. U81-5.
RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Domicile, § 37 et seq. C.J.S. 28 C.J.S., Domicile, § 21 et seq. 39 C.J.S., Guardian and Ward, § 14. ALR. Emancipation by parent as affecting right of infant to change domicile or settlement, 5 A.L.R. 949.
Approximation to maturity as affecting the rule that an infant cannot change his domicile, 5 A.L.R. 958. Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863. Change of state or national domicile of mental incompetent, 96 A.L.R.2d 1236.
CHAPTER 3 MARRIAGE GENERALLY Sec.
Article 1 General Provisions
Sec.
Prerequisites to valid marriage. Common-law marriage; effectiveness. Who may contract marriage; emancipation requirement; minimum age for marriage. Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage. Marriages between persons of same sex prohibited; marriages not recognized. Nature of consent required. What marriages void; legitimacy of issue; effect of later ratification. Effect of restraints on marriage; when valid. Contracts attempting to force marriage void. Interspousal tort immunity continued. Each spouse’s property separate. Right of married persons to contract; presumptions. Article 2
License and Ceremony
Issuance, return, and recording of license. 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.
Use of surname in application for marriage license. Marriage application to be filed; use as evidence; transmission to the state registrar. Issuance of license to applicants otherwise eligible. AIDS brochures; listing of HIV test sites; acknowledgment of receipt. Proof of age of applicants. [Reserved] Parental consent to marriage of underage applicants; when necessary; how obtained. [Reserved] Notification of parents of underage applicants; additional fee. Certification and recordation of marriage after publication of banns. Blood test for sickle cell disease; information to be provided. Department of Public Health marriage manual; distribution; rules and regulations. Fact sheet for distribution by premarital education providers; requirements. Effect on marriage due to the lack of authority in person officiating. Marriage in another state; effect in this state. Return of license to parties. Actions for improper issuance of marriage license; attorney’s fee and court costs; disposition of balance of recovery. Forfeiture for officiating at marriage without license or banns. Penalty for filing false information in application for license.
Sec.
Penalty for officiating at illegal marriage ceremony. Acceptance by judges of tips, consideration, or gratuities.
Sec.
Article 3 Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
Definition; marriage as valuable consideration. Effect of minority of party. Requirements and construction of antenuptial agreements.
Cross references. Recognition of marriage, Ga. Const. 1983, Art. I, Sec. IV. Performance of sterilization procedure upon request, § 31-20-2. Effect of marriage on psychiatric advance directive, § 37-12-10. Gifts of property, T. 44, C. 5, Art. 4. Law reviews. For article, “Lochner, Lawrence, and Liberty,” see 27 Ga. St. U. L. Rev. 609 (2011). For article, “The Nature of Family, The Family of Nature: The Surprising Liberal Defense of the Traditional Family in the Enlightenment,” see 64 Emory L.J. 591 (2014). 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). For article, “The Nature of Family, the Family of Nature: The Surprising Liberal Defense of the Traditional Family in the Enlightenment,” see 64 Emory L.J. 591 (2015). For article, “Polygamous Unions? Charting the Contours of Marriage Law’s Frontier,” see 64 Emory L.J. 1669 (2015).
Construction of marriage contract; attestation. Voluntary execution of antenuptial agreement; conveyance of property during marriage. Powers of superior court judge in appointing and removing trustees and protecting trust estate. Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements.
For article, “Why Two In One Flesh? The Western Case for Monogamy Over Polygamy,” see 64 Emory L.J. 1675 (2015). For article, “Should Civil Marriage Be Opened Up to Multiple Parties,” see 64 Emory L.J. 1747 (2015). For article, “Three May Not Be a Crowd: The Case for a Constitutional Right to Plural Marriage,” see 64 Emory L.J. 1977 (2015). For article, “The Evolution of Plural Parentage Applying Vulnerability Theory to Polygamy and Same Sex Marriage,” see 64 Emory L.J. 2047 (2015). For article, “Polygyny and Violence Against Women,” see 64 Emory L.J. 1767 (2015). For comment, “L’Amour for Four: Polygyny, Polyamory, and the State’s Compelling Economic Interest in Normative Monogamy,” see 64 Emory L.J. 2093 (2015). For article, “Cohabitation Worldwide Today,” see 35 Ga. St. U.L. Rev. 299 (2019). For article, “Transcript: Abortion and Gay Rights,” see 35 Ga. St. U.L. Rev. 871 (2019).
RESEARCH REFERENCES Am. Jur. Proof of Facts. Criminal Law - The Battered Woman Defense, 34 POF2d 1. ALR. Necessity of physical injury to support cause of action for loss of consortium, 16 A.L.R.4th 537. Modern status of rule that husband is
primarily or solely liable for necessaries furnished wife, 20 A.L.R.4th 196. Spouse’s liability, after divorce, for community debt contracted by other spouse during marriage, 20 A.L.R.4th 211. Prisoners’ Constitutional Right to Marry, 26 A.L.R. Fed. 3d 5.
ARTICLE 1 GENERAL PROVISIONS