Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448All 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.)
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).
- 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).
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.
- 52 Am. Jur. 2d, Marriage, § 62 et seq.
- 55 C.J.S., Marriage, § 3.
- 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.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2010-06-07
Citation: 695 S.E.2d 633, 287 Ga. 324, 2010 Fulton County D. Rep. 1821, 2010 Ga. LEXIS 474
Snippet: 843(1), 479 S.E.2d 180 (1996). See also OCGA § 19-3-43. Compare Bell v. Bell, 206 Ga. 194, 198, 56 S.E
Court: Supreme Court of Georgia | Date Filed: 1941-10-16
Citation: 17 S.E.2d 73, 193 Ga. 53, 1941 Ga. LEXIS 574
Snippet: ground of the caveat (Woodson v. Holmes, 117 Ga. 19 (3), 43 S.E. 467;Crutchfield v. McCallie, 188 Ga. 833