Marriage in Another State; Effect in This State

Checkout our iOS App for a better way to browser and research.

  1. 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, including, but not limited to, the age limitations provided for in Code Section 19-3-2, by going into another state for the solemnization of the marriage ceremony.
  2. Notwithstanding subsection (a) of this Code section, the age limitations provided for in Code Section 19-3-2 shall not apply to a lawful marriage solemnized in another state or country prior to either party residing in this state.

(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; Ga. L. 2019, p. 558, § 1-6/HB 228.)

The 2019 amendment, effective July 1, 2019, designated the existing provisions as subsection (a); inserted ", including, but not limited to, the age limitations provided for in Code Section 19-3-2," in the middle of the second sentence of subsection (a); and added subsection (b).

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.


Download our app to see the most-to-date content.