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O.C.G.A. § 19-3-42 — Effect on marriage due to the lack of authority in person officiating | Georgia Code

O.C.G.A. § 19-3-42 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 2 LICENSE AND CEREMONY

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

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.

(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).

JUDICIAL DECISIONS

Cited in White v. White, 41 Ga. App. 394, 153 S.E. 203 (1930).

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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.