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2018 Georgia Code 19-3-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 19-3-4 Case Law from Google Scholar Amendments to OCGA 19-3-4

TITLE 19 DOMESTIC RELATIONS

Section 3. Marriage Generally, 19-3-1 through 19-3-68.

ARTICLE 1 GENERAL PROVISIONS

19-3-4. Nature of consent required.

To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud.

(Orig. Code 1863, § 1656; Code 1868, § 1700; Code 1873, § 1701; Code 1882, § 1701; Civil Code 1895, § 2414; Civil Code 1910, § 2933; Code 1933, § 53-103.)

JUDICIAL DECISIONS

Granting divorce on ground of duress amounts to finding that no actual contract of marriage ever existed. York v. York, 202 Ga. 50, 41 S.E.2d 877 (1947).

Cited in Baxter v. Rogers, 195 Ga. 274, 24 S.E.2d 52 (1943).

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Marriage, §§ 21, 26 et seq.

1D Am. Jur. Pleading and Practice Forms, Annulment of Marriage, §§ 28, 41, 54.

C.J.S.

- 55 C.J.S., Marriage, §§ 12, 18, 34.

ALR.

- Marriage to which consent of one of parties was obtained by duress as void or only voidable, 91 A.L.R. 414.

Concealment or misrepresentation relating to religion as ground for annulment, 44 A.L.R.3d 972.

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