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2018 Georgia Code 19-3-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-3-43 Case Law from Google Scholar Amendments to OCGA 19-3-43

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 2 LICENSE AND CEREMONY

19-3-43. Marriage in another state; effect in this state.

All marriages solemnized in another state by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state. Parties residing in this state may not evade any of the laws of this state as to marriage by going into another state for the solemnization of the marriage ceremony.

(Orig. Code 1863, § 1668; Code 1868, § 1709; Code 1873, § 1710; Code 1882, § 1710; Civil Code 1895, § 2424; Civil Code 1910, § 2943; Code 1933, § 53-214.)

JUDICIAL DECISIONS

Valid marriage in another state is valid here, although one party labors under disability in this state, provided the parties acted in good faith and did not go to the foreign state for the mere purpose of evading the provisions of Georgia law. Brown v. Sheridan, 83 Ga. App. 725, 64 S.E.2d 636 (1951); Bituminous Cas. Corp. v. Wacht, 84 Ga. App. 602, 66 S.E.2d 757 (1951).

Effect of marriage contrary to public policy of state.

- While the lex loci, as a general rule, governs questions of marriage, it is subject, in practice, to the great controlling idea, that it will not be enforced, by comity, if it involves anything immoral, contrary to general policy, or violative of the conscience of the state called on to give it effect. Eubanks v. Banks, 34 Ga. 407 (1866).

Cited in Smith v. Smith, 84 Ga. 440, 11 S.E. 496 (1890); Georgia v. Tutty, 41 F. 753 (S.D. Ga. 1890); Rainey v. Moon, 187 Ga. 712, 2 S.E.2d 405 (1939); Montgomery v. Gable, 61 Ga. App. 859, 7 S.E.2d 426 (1940); Perry v. Perry, 173 Ga. App. 247, 326 S.E.2d 481 (1985).

OPINIONS OF THE ATTORNEY GENERAL

If alleged marriage is valid when performed, it is valid in this state, regardless of the fact that the license was invalid where the ceremony was performed or that no license at all was taken out. 1965-66 Op. Att'y Gen. No. 66-240.

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Marriage, § 62 et seq.

C.J.S.

- 55 C.J.S., Marriage, § 3.

ALR.

- Recognition of foreign marriage as affected by the conditions or manner of dissolving it under the foreign law, or the toleration of polygamous marriages, 74 A.L.R. 1533.

Recognition of foreign marriage as affected by policy in respect of incestuous marriages, 117 A.L.R. 186.

Public policy of forum against recognition of marriage valid (or voidable only) by the law of the place where it was celebrated, as affected by fact that neither of the parties was domiciled at the forum at the time of the marriage, 127 A.L.R. 437.

Conflict of laws as to validity of marriage attacked because of nonage, 71 A.L.R.2d 687.

Recognition by forum state of marriage which, although invalid where contracted, would have been valid if contracted within forum state, 82 A.L.R.3d 1240.

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