reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-35 - Issuance of license to applicants otherwise eligible

When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued immediately and without any waiting period.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-35.1 - AIDS brochures; listing of HIV test sites; acknowledgment of receipt

(a)
Any term used in this Code section and defined in Code Section
31-22-9.1
shall have the meaning provided for such term in Code Section
31-22-9.1
.
(b)
The Department of Public Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Public Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988.
(c)
On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-16, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-36 - Proof of age of applicants

The judge of the probate court to whom the application for a marriage license is made shall satisfy himself or herself that the provisions set forth in Code Section
19-3-2
regarding age limitations are met. The judge shall require all applicants to furnish the court with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card containing the full name and date of birth. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately.
Amended by 2019 Ga. Laws 187,§ 1-3, eff. 7/1/2019.
Amended by 2006 Ga. Laws 466,§ 6B, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-37 - [Repealed] Parental consent to marriage of underage applicants; when necessary; how obtained

Repealed and reserved by 2019 Ga. Laws 187,§ 1-4, eff. 7/1/2019.
Amended by 2016 Ga. Laws 337,§ 3-1, eff. 7/1/2016.
Amended by 2006 Ga. Laws 466,§ 6C, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-38 - [Repealed] Notification of parents of underage applicants; additional fee

Repealed by 2006 Ga. Laws 466,§ 6D, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-39 - Certification and recordation of marriage after publication of banns

If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other authorized person joins in marriage persons whose banns have been published, the person shall certify the fact to the judge of the probate court of the county where the banns were published, who shall record the same in the same book in which marriage licenses are recorded.
Amended by 2010 Ga. Laws 439,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-40 - Blood test for sickle cell disease; information to be provided

(a)
As used in this Code section, the term "blood test for sickle cell disease" means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin.
(b)
The Department of Public Health shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Added by 2009 Ga. Laws 77,§ 1, eff. 7/1/2009.
Repealed by 2003 Ga. Laws 390, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-41 - Department of Public Health marriage manual; distribution; rules and regulations

(a)
The Department of Public Health shall prepare a marriage manual for distribution by the judge of the probate court or his clerk to all applicants for a marriage license. The manual shall include, but shall not be limited to, material on family planning.
(b)
The manual provided for in subsection (a) of this Code section shall be issued by the judge of the probate court or his clerk to applicants for a marriage license at the same time the marriage license is issued.
(c)
The Department of Public Health shall promulgate rules and regulations to implement this Code section.
(d)
In order to be nonsectarian, the manual will include resource referral information for those who might have questions regarding religious beliefs in the areas covered by the marriage manual.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-41.1 - Fact sheet for distribution by premarital education providers; requirements

(a)
The Department of Public Health shall prepare a fact sheet for public availability and for distribution by premarital education providers. The Department of Public Health shall make such fact sheet available in electronic form, including, but not limited to, a version that can be legibly printed in a poster size of up to 24 by 36 inches.
(b)
The fact sheet provided for in subsection (a) of this Code section shall:
(1)
Include basic information about the legal rights and responsibilities of parties to a marriage as well as information about dating violence, sexual assault, stalking, domestic violence, and human trafficking, including, but not limited to, the warning signs and behaviors of an abusive partner and the dynamics of domestic violence and other forms of coercive control. Such fact sheet shall also include basic information about the rights of victims of such violence and the resources available to them, including, but not limited to, website and telephone resources, legal assistance, confidential shelters, and civil protective orders; and
(2)
Be developed in partnership with the Georgia Commission on Family Violence and any other agencies in the discretion of the Department of Public Health that serve survivors of dating violence, sexual assault, and human trafficking.
Amended by 2020 Ga. Laws 388,§ 3, eff. 7/1/2020.
Added by 2019 Ga. Laws 187,§ 1-5, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 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.
Amended by 2010 Ga. Laws 439,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-43 - Marriage in another state; effect in this state

(a)
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.
(b)
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.
Amended by 2019 Ga. Laws 187,§ 1-6, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-44 - Return of license to parties

(a)
The judge of the probate court of each county shall return to the parties to a marriage the license and the return thereon after the same have been recorded as provided by law. This subsection shall be applicable to all marriage licenses and the returns thereon recorded after March 25, 1958.
(b)
Upon request of either of the parties, the judge of the probate court of each county is authorized, as to marriage licenses with the returns thereon recorded prior to March 25, 1958, to return the license:
(1)
To the parties to the marriage if the marriage is not dissolved and the parties are not living in a state of separation;
(2)
To the surviving party to the marriage if one of the parties is deceased; or
(3)
To the party first requesting the license if the parties are divorced.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-45 - Actions for improper issuance of marriage license; attorney's fee and court costs; disposition of balance of recovery

Any judge of the probate court who by himself or his clerk knowingly grants a license without the required consent or without proper precaution in inquiring into the question of minority shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the father or mother, if living, and, if not, at the action of the guardian or legal representative of either of such contracting parties, provided that under no circumstances shall more than one action be maintained by the father or mother, guardian, or legal representative of either of such contracting parties in connection with any one marriage; and provided, further, that no such action shall be brought prior to the expiration of 60 days from the date that the marriage becomes public and that no action under this Code section shall be maintained after the expiration of 12 months from the date the marriage becomes public. A recovery shall be had against the offending judge and his bondsmen. From the recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the action and, after the payment of court costs, one-third of the remainder of the recovery shall be paid to the person bringing the action; and the remaining two-thirds shall be paid to the county educational fund of the county of the judge's residence. A judge who in good faith destroys physician's certificates of pregnancy and all records of the certificates under his control in accordance with the provisions of law shall not be prosecuted under this Code section for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-46 - Forfeiture for officiating at marriage without license or banns

The Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony who joins in marriage any couple without a license or the publication of banns shall forfeit the sum of $500.00, to be recovered and appropriated as set forth in Code Section
19-3-45
.
Amended by 2010 Ga. Laws 439,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-47 - Penalty for filing false information in application for license

Any person who willfully furnishes false information in connection with the application and issuance of any marriage license, either in the application for the license, in furnishing proof of age, or in the physician's certificate as to pregnancy, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-48 - Penalty for officiating at illegal marriage ceremony

If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony joins together in matrimony any man and woman without a license or the publication of banns or if the person performing the marriage ceremony knows of any disability of either of the parties which would render a contract of marriage improper and illegal, that person shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 439,§ 5, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 2 - LICENSE AND CEREMONY (§§ 19-3-30 — 19-3-49) › Section 19-3-49 - Acceptance by judges of tips, consideration, or gratuities

In addition to any compensation otherwise provided by law, any judge who performs a marriage ceremony at any time, except normal office hours, may receive and retain as personal income any tip, consideration, or gratuity voluntarily given to such judge for performing such marriage ceremony.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-60 - Definition; marriage as valuable consideration

(a)
As used in this article, the term "antenuptial agreement" means a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year's support, spousal support, and equitable division of property.
(b)
Marriage is a valuable consideration; and a spouse stands, as to property of the other spouse settled upon a spouse by marriage contract, as do other purchasers for value, provided that by the contract a spouse shall not incapacitate himself or herself from paying his or her existing just debts.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-61 - Effect of minority of party

The minority of either party to an antenuptial agreement or to a marriage contract shall not invalidate it, so long as the party is of lawful age to contract marriage.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-62 - Requirements and construction of antenuptial agreements

An antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public. Antenuptial agreements shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate such agreements.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-63 - Construction of marriage contract; attestation

Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate the same. Such marriage contract shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-64 - Voluntary execution of antenuptial agreement; conveyance of property during marriage

A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or creditors without notice.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-65 - Powers of superior court judge in appointing and removing trustees and protecting trust estate

Subject to Code Sections
15-9-127
,
23-1-4
, and
53-12-6
, the judge of the superior court of the county of a spouse's domicile may at any time, upon petition, exercise equitable powers in appointing, removing, or substituting trustees or in granting any order for the protection of the trust estate, exercising a wise discretion as to the terms on which the appointment shall be made or on which the order shall be granted.
Amended by 2020 Ga. Laws 508,§ 2-23, eff. 1/1/2021.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-66 - Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements

(a)
Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate.
(b)
Antenuptial agreements may be enforced by a court of equity at the instance of:
(1)
The parties to the marriage; or
(2)
The offspring of the marriage and their heirs at any time after the death of a spouse, subject to Code Sections
15-9-30
,
23-1-4
, and
53-7-40
; provided, however, that when enforced at the instance of such offspring and their heirs, the court may enforce in favor of other persons.
Amended by 2020 Ga. Laws 508,§ 2-24, eff. 1/1/2021.
Amended by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-67 - [Repealed] Recordation of marriage contracts and voluntary settlements; effect of failure to record

Repealed by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 3 - MARRIAGE GENERALLY (§§ 19-3-1 — 19-3-68) › Article 3 - MARRIAGE CONTRACTS, POSTNUPTIAL SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS (§§ 19-3-60 — 19-3-68) › Section 19-3-68 - [Repealed] Application for order compelling recordation; effect of application; liability of trustee refusing to record

Repealed by 2018 Ga. Laws 305,§ 1-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 4 - ANNULMENT OF MARRIAGE (§§ 19-4-1 — 19-4-5) › Section 19-4-1 - When annulments may be granted

Annulments of marriages declared void by law may be granted by the superior court, except that annulments may not be granted in instances where children are born or are to be born as a result of the marriage.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 4 - ANNULMENT OF MARRIAGE (§§ 19-4-1 — 19-4-5) › Section 19-4-2 - Right to file for annulment or divorce

Parties who enter into a marriage which is declared void by law shall have the right to file:
(1)
A petition for annulment; or
(2)
A petition for divorce, if grounds for divorce exist.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 4 - ANNULMENT OF MARRIAGE (§§ 19-4-1 — 19-4-5) › Section 19-4-3 - Petition by next friend

A petition for annulment may be filed by next friend for minors or persons of unsound mind.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 4 - ANNULMENT OF MARRIAGE (§§ 19-4-1 — 19-4-5) › Section 19-4-4 - Procedure

All matters of service, jurisdiction, procedure, residence, pleading, and practice for obtaining an annulment of marriage shall be the same as those provided by law for obtaining a divorce, with the exception that a decree of annulment may be ordered at any time, in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 4 - ANNULMENT OF MARRIAGE (§§ 19-4-1 — 19-4-5) › Section 19-4-5 - Effect of annulment

A decree of annulment, when rendered, shall have the effect of a total divorce between the parties of a void marriage and shall return the parties thereto to their original status before marriage. However, a decree of annulment shall not operate to relieve the parties to a marriage of criminal charges or responsibilities occasioned by the marriage.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-1 - Total divorces authorized; trial; referral for alternative dispute resolution

(a)
Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings.
(b)
In any county in which there has been established an alternative dispute resolution program pursuant to Chapter 23 of Title 15, known as the "Georgia Court-annexed Alternative Dispute Resolution Act," the judge may, prior to trial, refer all contested petitions for divorce or permanent alimony to the appropriate alternative dispute resolution method. In counties in which an alternative dispute resolution program has not been established, a judge may nonetheless refer any disputed divorce case to an appropriate alternative dispute resolution method if a method is reasonably available without additional cost to the parties.
Amended by 2016 Ga. Laws 625,§ 19, eff. 5/3/2016.
Amended by 2007 Ga. Laws 264,§ 7, eff. 1/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-2 - Residence requirements; venue

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-4 - Effect of collusion, consent, guilt of like conduct, or condonation

(a)
No divorce shall be granted under the following circumstances:
(1)
The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;
(2)
The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto;
(3)
Both parties are guilty of like conduct; or
(4)
There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
(b)
In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-5 - Petition; contents and verification; demand for detailed statement

(a)
The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.
(b)
The petition shall show:
(1)
The residence or last known address of the respondent;
(2)
That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements;
(3)
The date of the marriage and the date of the separation;
(4)
Whether or not there are any minor children of the parties and the name and age of each minor child;
(5)
The statutory ground upon which a divorce is sought; and
(6)
Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.
(c)
The respondent, at any time before trial, may file with the court a written demand for a detailed statement of the facts on which the grounds in the petition are predicated. The respondent shall cause a copy of the demand to be served upon the petitioner or upon the petitioner's counsel of record and the facts demanded shall be added to the petition in the form of an amendment thereto.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-6 - Grant of divorce to respondent without necessity of counterclaim

When a petition for divorce is filed, the respondent may recriminate in his answer and ask a divorce in his favor. If, at the trial, the court or jury believes that the respondent rather than the petitioner is entitled to a divorce, they may so find upon legal proof.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-7 - Transfer of property after filing of petition; lis pendens notice

After a petition for divorce has been filed, no transfer of property by either party, except a bona fide transfer in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury in the case; provided, however, that the title to real property shall not be affected by the filing of an action for divorce unless a notice of lis pendens, as provided for by Code Section
44-14-610
, is filed in the office of the clerk of the superior court of the county in which the real property is situated and is recorded by the clerk in a book kept by him for that purpose.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-8 - Pleading and practice

The same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony, and custody of minor children, except as otherwise specifically provided in this chapter. No verdict or judgment by default shall be taken in any such case but the allegations of the pleadings shall be established to the satisfaction of the court by the verified pleadings, by affidavit, by evidentiary hearing, or otherwise, as provided in Code Section
19-5-10
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-9 - Incompetency to serve as juror

A juror who has conscientious scruples as to the granting of divorces shall be incompetent to serve in divorce cases. At the request of either party, the court may question the panel concerning such scruples.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-10 - Duty of judge in undefended divorce cases; appointment of attorney; evidentiary hearings; evidentiary attacks on prior judgments

(a)
In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint an attorney of the court to discharge that duty for him. An evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. If no evidentiary hearing is held, the determination of such matters may be made upon the verified pleadings of either party, one or more affidavits, or such other basis or procedure as the court may deem proper in its discretion.
(b)
The provisions of subsection (a) of this Code section shall apply to proceedings pending on July 1, 1987, as well as to proceedings filed on or after that date.
(c)
Any motion to set aside or other proceeding to attack a judgment which attacks a judgment entered in a divorce case prior to July 1, 1987, and which is based upon an alleged failure to properly establish evidence supporting the judgment must be commenced prior to July 1, 1988, or thereafter be totally barred. The bar established by this subsection is in addition to and not in lieu of any other statute or rule of law which would operate as a bar to such a motion or other proceeding; and this subsection shall not operate to revive any otherwise barred right to prosecute any such motion or other proceeding.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-11 - Use of confession as evidence; corroboration

The confessions of a party to acts of adultery or cruel treatment shall be received with great caution; if unsupported by corroborating circumstances and if made with a view to be evidence in the case, such confessions shall not be deemed sufficient to grant a divorce.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-12 - Form of judgment and decree

(a)
A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:
"FINAL JUDGMENT AND DECREE
Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.
Petitioner and Respondent in the future shall be held and considered as separate and distinct individuals altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry.
Decree and order entered this __________________ day of __________________, __________________.
__________________
Judge, Superior Court"
(b)
When applicable, any one or more of the following clauses shall be included in the form of the judgment:
The court restores to (Petitioner/Respondent) his/her prior or
maiden name, to wit:
__________________.
The court awards custody of the children of the parties as follows:
__________________.
The court fixes alimony as follows:
__________________.
(c)
In any case which involves the determination of child support, the form of the judgment shall also include all of the information set forth in paragraph (2) of subsection (c) of Code Section
19-6-15
. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and any schedule that was prepared for the purpose of calculating the amount of child support. The final judgment shall specify a sum certain amount of child support to be paid.
(d)
When applicable, the court shall also include in the final judgment the ability to use income withholding orders as set forth in Code Sections
19-6-30
and
19-6-32
.
Amended by 2024 Ga. Laws 428,§ 8, eff. 7/1/2024.
Amended by 2017 Ga. Laws 242,§ 1-1, eff. 7/1/2017.
Amended by 2006 Ga. Laws 650,§ 3, eff. 1/1/2007.
Amended by 2005 Ga. Laws 52,§ 4, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-13 - Disposition of property in accordance with verdict

The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court's equitable powers to execute effectually and fully the jury's verdict.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-15 - Effect of divorce

A total divorce annuls a marriage from the time of the rendition of the decree, unless the divorce is granted for a cause rendering the marriage void originally, in which case the divorce serves to annul the marriage from its inception. However, the issue of the marriage shall not be rendered born out of wedlock by a divorce, except in cases of pregnancy of the wife by a man other than the husband at the time of the marriage, unknown to the husband.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-16 - Restoration of maiden or prior name

(a)
In all divorce actions, a party may pray in his or her pleadings for the restoration of a maiden or prior name. When a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings.
(b)
(1)
After entry of a judgment and decree of divorce, a former spouse may petition the court by motion ex parte to restore his or her legal surname to the given surname as shown on his or her birth certificate.
(2)
Notwithstanding any other provision of law or order of court requiring a request to be filed or made prior to the entry of judgment and decree of divorce or within the term of court of such entry of such judgment and decree, and notwithstanding that the requested restoration was not previously specified in the movant's pleadings in the original divorce action, the motion provided for in paragraph (1) of this subsection may be filed at any time after the judgment and decree of divorce was entered. No publication in any legal organ shall be required. The court with or without a hearing may issue an order restoring the given surname shown on the movant's birth certificate in chambers at any time after the filing of a motion.
(3)
This subsection shall apply to motions filed on or after May 1, 2024.
Amended by 2024 Ga. Laws 397,§ 1, eff. 4/22/2024.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 5 - DIVORCE (§§ 19-5-1 — 19-5-17) › Section 19-5-17 - Determination of parties' rights; preventing remarriage forbidden

When a divorce is granted, the jury or the judge, as the case may be, shall determine the rights of the parties. No person shall be placed under a disability that would prevent remarriage.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-1 - Alimony defined; when authorized; how determined; lien on estate of party dying prior to order; certain changes in parties' assets prohibited

(a)
Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.
(b)
A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.
(c)
In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
(d)
Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
(e)
Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-2 - Attorney's fees; when and how granted; enforcement

(a)
The grant of attorney's fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, including but not limited to contempt of court orders involving property division, child custody, and child visitation rights, shall be:
(1)
Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party; and
(2)
A final judgment as to the amount granted, whether the grant is in full or on account, which may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not.
(b)
Nothing contained in this Code section shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing.
(c)
An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this Code section.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-3 - Temporary alimony; petition and hearing; factors considered; discretion of judge; revision and enforcement of order; effect of failure to comply

(a)
Whenever an action for divorce or for permanent alimony is pending, either party may apply at any time to the presiding judge of the court in which the same is pending, by petition, for an order granting the party temporary alimony pending the issuance of a final judgment in the case. After hearing both parties and the evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify.
(b)
In arriving at a decision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused.
(c)
At a hearing on the application for temporary alimony, the merits of the case are not in issue; however, the judge, in fixing the amount of alimony, may inquire into the cause and circumstances of the separation rendering the alimony necessary and in his discretion may refuse it altogether.
(d)
On application, an order allowing temporary alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt.
(e)
A failure to comply with the order allowing temporary alimony shall not deprive a party of the right either to prosecute or to defend the case.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-4 - When permanent alimony authorized; how enforced

(a)
Permanent alimony may be granted in the following cases:
(1)
In cases of divorce;
(2)
In cases of voluntary separation; or
(3)
Where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse.
(b)
A grant of permanent alimony may be enforced either by writ of fieri facias or by attachment for contempt.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-5 - Factors in determining amount of alimony; effect of remarriage on obligations for alimony

(a)
The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1)
The standard of living established during the marriage;
(2)
The duration of the marriage;
(3)
The age and the physical and emotional condition of both parties;
(4)
The financial resources of each party;
(5)
Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6)
The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
(7)
The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8)
Such other relevant factors as the court deems equitable and proper.
(b)
All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-6 - Liability after grant of alimony

(a)
When permanent alimony is granted, the party liable for alimony shall cease to be liable for any debt or contract of the former spouse of the liable party.
(b)
Upon the grant of permanent alimony, the property of the liable party set apart for the support of the former spouse shall not be subject to the liable party's debts or contracts as long as the former spouse of the liable party shall live.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-7 - Interest in deceased party's estate after grant of permanent alimony

After permanent alimony is granted, upon the death of the party liable for the alimony the other party shall not be entitled to any further interest in the estate of the deceased party by virtue of the marriage contract between the parties; however, such permanent provision shall be continued to the other party or a portion of the deceased party's estate equivalent to the permanent provision shall be set apart to the other party.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-8 - Voluntary separation, abandonment, or driving off of spouse - Agreement for support as bar to alimony

In cases of voluntary separation or in cases where one spouse, against the will of that spouse, is abandoned or driven off by the other spouse, a party voluntarily, by contract or other written agreement made with his spouse, may make an adequate provision for the support and maintenance of such spouse, consistent with the means of the party and the former circumstances of the spouse. Such an agreement shall be a bar to the right of the spouse to permanent alimony.