O.C.G.A. § 19-3-30 (2019)

Annotations

Cross references. Authority of retired judge or judge emeritus of a state court to perform marriage ceremonies, § 15-7-25. Maintenance of records of marriage licenses, § 31-10-21. 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). For article, “Conflict of Laws Structure and Vision: Updating a Venerable Discipline,” see 31 Ga. St. U. L. Rev. 231 (2015).

JUDICIAL DECISIONS Public record of ceremonial marriage is conclusive evidence of such marriage, in the absence of a timely direct attack on such record, which attack must be supported by proper proof. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326, 1947 Ga. LEXIS 448 (1947). Marriage certificate produced in alimony action presumed valid unless directly attacked. - In an action for alimony, after plaintiff introduces a certified copy of a marriage certificate, no issue as to the validity of the marriage is made in the absence of a direct attack on

the record by the defendant. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326, 1947 Ga. LEXIS 448 (1947). In action for alimony, evidence of defendant denying marriage was without probative value to contradict or disprove the written record of a ceremonial marriage between the parties in absence of direct attack on record showing ceremonial marriage. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326, 1947 Ga. LEXIS 448 (1947). License valid when ceremony performed, and license issued, in another state. - Failure to issue a mar-

riage license in the county where the female resident resides does not invalidate the license if the ceremony was performed in another state and a valid li-

cense was issued in that state. Perry v. Perry, 173 Ga. App. 247, 326 S.E.2d 481, 1985 Ga. App. LEXIS 1489 (1985).

OPINIONS OF THE ATTORNEY GENERAL License must be issued and ceremony performed in same county when female is nonresident. - There is only one occasion where there is a requirement that the license be issued and the ceremony be performed in the same county and that is when the female is not a resident of the State of Georgia. 1965-66 Op. Att’y Gen. No. 66-175. Justice of the peace is authorized to perform marriage ceremony at any place a judge, city recorder, or minister might perform such ceremony. 1963-65 Ga. Op. Att’y Gen. 329; 1969 Op. Att’y Gen. No. 69-178. Out-of-state judge has the authority to perform a marriage ceremony in Georgia. 1998 Op. Att’y Gen. No. U98-5. Judges emeriti may perform ceremonies. - When a statute separate from the Emeritus Act provides that the ministerial act of performing a marriage ceremony may be carried out by any judge, a judge of the superior courts emeritus may perform that function. 1975 Op. Att’y Gen. No. U75-3. City recorder may perform marriages outside municipality. - City recorder, authorized by to perform marriage ceremonies, was not restricted to performing such ceremonies within the territorial limits of the city in which the person serves as recorder. 1975 Op. Att’y Gen. No. U75-96. Officiant’s failure to return license does not invalidate marriage. - Law was a direction to the officer or minister and the failure to return the license with the certificate within the 30 days would not have any effect upon the validity of the marriage or the validity of the marriage’s record. 1957 Ga. Op. Att’y Gen. 95. No witnesses are required to be present at marriage ceremony in order to make the marriage legal; this state recognizes common-law marriage, and no ceremony is actually essential to the validity of the marriage. 1970 Op. Att’y Gen. No. U70-148.

Probate judge may not decline to perform a marriage ceremony for the reason that the parties are not of the same race. 1983 Op. Att’y Gen. No. U8331. Person may have several residences, but only one place of domicile. 1981 Op. Att’y Gen. No. U81-5. “Resides” in O.C.G.A. § 19-3-30 was intended to refer to “legal residence” or “domicile” rather than mere “residence,” since a later section, O.C.G.A. § 19-3-45, only provides for liability of probate court judge who issues marriage license to female who, to the judge’s knowledge, is domiciled in another county. 1981 Op. Att’y Gen. No. U81-5. Acquisition of domicile. - Domicile is only acquired through concurrence of actual, physical residence and intention to remain. 1981 Op. Att’y Gen. No. U81-5. Generally, minor child cannot change domicile of own volition. - Modern case law does not support idea of allowing a minor child to change the child’s domicile of the child’s own volition when that child has living parents whose rights have not been voluntarily or involuntarily relinquished. 1981 Op. Att’y Gen. No. U81-5. Domicile of minor is that of the minor’s parents, but this can be altered when usual parental authority and control over minor is ended by voluntary or involuntary relinquishment. 1981 Op. Att’y Gen. No. U81-5. Marriage license may be issued to minor female only in county of her parents’ domicile in absence of certain exceptions. 1981 Op. Att’y Gen. No. U81-5. Previous marriage of minor female allows change in her domicile. - Previous marriage of minor female, with or without parents’ consent, not only emancipates her from her parents’ control, but also allows change in her domicile. 1981 Op. Att’y Gen. No. U81-5. Probate judge may lawfully perform marriage ceremony in county

other than one in which judge is elected and in which judge serves. 1980 Op. Att’y Gen. No. U80-7. Prohibition on attorneys or clerks performing ceremony. - Neither attorneys appointed pursuant to O.C.G.A.

§ 15-9-13(a), nor the clerks of the probate court, may perform marriage ceremonies, in that such power is inherently a personal one of the probate judge pursuant to subsection (c) of O.C.G.A. § 19-3-30. 1988 Op. Att’y Gen. No. U88-22.

RESEARCH REFERENCES Am. Jur. 2d. 52 Am. Jur. 2d, Marriage, §§ 30, 33 et seq. C.J.S. 55 C.J.S., Marriage, §§ 26, 29, 33, 46.

ALR. Validity of solemnized marriage as affected by absence of license required by statute, 61 A.L.R.2d 847.