O.C.G.A.

O.C.G.A. § 19-3-42 (2019)

Effect on marriage due to the lack of authority in person officiating

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

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.

Annotations

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).

RESEARCH REFERENCES Am. Jur. 2d. 52 Am. Jur. 2d, Marriage, §§ 33, 34.

C.J.S. 55 C.J.S., Marriage, §§ 28, 29.

ALR. Validity of marriage as affected by lack

of legal authority of person solemnizing it, 13 A.L.R.4th 1323.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Russell v. Sparmer, 793 S.E.2d 501 (Ga. Ct. App. 2016).

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Russell v. Sparmer, 793 S.E.2d 501 (Ga. Ct. App. 2016). · cites it 2× “Furthermore, the validity of a marriage in Georgia is not affected by an officiant’s want of authority See OCGA § 19-3-42. 6 Thus, Russell’s claim that the parties’ Greek ceremony constituted a marriage ceremony even though it was not performed by an officiant did not entirely…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.