reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-77 - Attachment for summons of garnishment on a financial institution

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF GARNISHMENT
ON A FINANCIAL INSTITUTION
Other known names of the Defendant:
__________________
__________________
__________________
Current and past addresses of the Defendant:
__________________
__________________
__________________
Social security number or federal tax identification number of the
Defendant:
__________________
__________________
__________________
Account or identification numbers of accounts of the Defendant used
by the Garnishee:
__________________
__________________
__________________
Other allegations pursuant to O.C.G.A. §
18-4-23
:
__________________
__________________
__________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-79 - Attachment for summons of continuing garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF CONTINUING
GARNISHMENT
Other known names of the Defendant:
__________________
__________________
__________________
Current and past addresses of the Defendant:
__________________
__________________
__________________
Social security number or federal tax identification number of the
Defendant:
__________________
__________________
__________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-81 - Attachment for summons of continuing garnishment for support

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
ATTACHMENT FOR SUMMONS OF CONTINUING GARNISHMENT FOR SUPPORT
Other known names of the Defendant:
__________________
__________________
__________________
Current and past addresses of the Defendant:
__________________
__________________
__________________
Social security number or federal tax identification number of the Defendant:
__________________
__________________
__________________
THIS PLEADING SHALL NOT BE FILED WITH THE COURT"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-83 - Order for hearing on defendant's claim

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
ORDER FOR HEARING ON DEFENDANT'S CLAIM
It is hereby ordered that a hearing be held upon the Defendant's claim before this court on the __________________ day of
__________________, 20__________________, at __________________:__________________ __________________. M., and that the Clerk of
Court shall transmit a copy of the Defendant's Claim Form and this order to the Plaintiff, the Defendant, and the Garnishee.
This __________________ day of __________________, 20__________________.
__________________
Judge,
__________________ Court of __________________ County
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Deputy Clerk of Court"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-84 - Garnishee answer

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
GARNISHEE ANSWER OF __________________ (GARNISHEE)
1.
At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant:
__________________
__________________
__________________
2.
At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the
Defendant are in the amount of $__________________.
3.
$ __________________ is the amount herewith paid into court.
4.
The Garnishee further states: __________________.
__________________
Garnishee,
Garnishee's Attorney, or
officer or employee of an entity Garnishee
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Garnishee,
Garnishee's Attorney, orofficer or
employee of an entity Garnishee"
Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 31, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-85 - Financial institution garnishee answer

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
FINANCIAL INSTITUTION GARNISHEE
ANSWER OF __________________
(GARNISHEE)
1.
At the time of service of the Summons of Garnishment on a
Financial Institution and including the next five days, the Garnishee
had in its possession the following described money and property of the
Defendant:
__________________
__________________
__________________
2.
$ __________________ is the amount herewith paid into court.
3.
[] Check this box if the Defendant is not presently an account
holder of the Garnishee.
4.
The Garnishee further states: __________________.
__________________Garnishee,Garnishee's Attorney, orofficer or employee of an entity Garnishee
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Garnishee,
Garnishee's Attorney, or
officer or employee of an entity Garnishee"
Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 32, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-87 - Plaintiff's traverse

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
PLAINTIFF'S TRAVERSE
Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same is untrue or legally insufficient. The Plaintiff further states:
__________________
__________________.
__________________
Plaintiff or Plaintiff's Attorney
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Defendant and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Plaintiff or Plaintiff's Attorney"
Amended by 2021 Ga. Laws 307,§ 18, eff. 5/10/2021.
Amended by 2020 Ga. Laws 574,§ 34, eff. 1/1/2021.
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-88 - Third-party claim

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
THIRD-PARTY CLAIM
Personally appeared
(Print name)
, who on oath says that he or she has a claim superior to that of the Plaintiff to the money or other property in the hands of the Garnishee subject to the process of garnishment.
The Affiant further states: (check applicable box and complete the information requested)
[] The Affiant obtained a judgment against the Defendant in the __________________ Court of __________________ County, __________________, in
State
Case Number __________________ on __________________, and the unpaid balance
Date
of such judgment is in the amount of $__________________.
or
[] The basis of the Affiant's claim is __________________
__________________
This __________________ day of __________________, 20__________________.
__________________
Affiant
__________________
Print name of Affiant
Sworn to and subscribed before me this __________________ day
of __________________, 20__________________.
__________________
Notary Public or Deputy Clerk of Court
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Third-party Claimant or Third-party Claimant's Attorney"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-89 - Release of garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
RELEASE OF GARNISHMENT
To:
Garnishee
This is to notify you that you have been released from filing a
Garnishee Answer to any and all Summons of Garnishment
or Summons of Continuing Garnishment pending as of this date in
the above-styled case.
This release authorizes you to pay or deliver to the Defendant in
garnishment any money or other property in your possession
belonging to the Defendant.
This release does not terminate the garnishment proceedings, nor
does this release relieve you of any obligation placed on you by the
service of a Summons of Garnishment subsequent to this date.
This __________________ day of __________________, 20__________________.
__________________
Clerk,
__________________ Court of __________________ County
CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney, the Defendant, and the Garnishee in the foregoing matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope with adequate postage thereon.
This __________________ day of __________________, 20__________________.
__________________
Deputy Clerk of Court"
Amended by 2016 Ga. Laws 325,§ 1, eff. 5/12/2016.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 4 - GARNISHMENT PROCEEDINGS (§§ 18-4-1 — 18-4-90) › Article 4 - FORMS (§§ 18-4-70 — 18-4-90) › Section 18-4-90 - Modification of continuing garnishment

"IN THE __________________ COURT OF __________________ COUNTY
STATE OF GEORGIA
)
__________________
)
Plaintiff
)
)
v.
)
Civil Action File No
.
)
__________________
)
__________________
Defendant
)
)
__________________
)
Garnishee
)
MODIFICATION OF CONTINUING GARNISHMENT
To: __________________
Garnishee
This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-styled garnishment action. Upon receipt of service of a legible copy of this document, stamped by the garnishment court, with the signatures of both Plaintiff and Defendant affixed and fully notarized, the Summons of Garnishment served upon you in this action is superseded as follows: you are commanded instead to make the following deduction from all obligations owed to the Defendant during the remaining garnishment period of the above- styled garnishment action:
1)
The sum of $__________________ per week/two weeks/month/paycheck
(circle one);
2)
__________________% of the disposable income of Defendant; or
3)
__________________% of the gross amount due the Defendant for
__________________ (state payment basis, e.g., invoice, monthly draw,
all goods and services, etc.).
You are authorized and instructed to deliver such amount(s) to Plaintiff directly, by any electronic or other mechanism provided to you by Plaintiff if acceptable to you, or payable and addressed to:
__________________ (Plaintiff or attorney/firm name)
__________________ (Plaintiff or attorney street address)
__________________ (Plaintiff or attorney city, state, ZIP Code)
This Modification does not terminate the garnishment action, nor does it relieve you of the obligation to file answers of garnishment with the garnishment court and to serve such answers on the Plaintiff and Defendant within the times and in the manner prescribed by law.
This Modification is effective only upon service on you of a file-stamped copy of same.
Agreed to by:
Sign: __________________
Sign: __________________
Print: __________________
Print: __________________
Title (if any) __________________
Title (if any) __________________
Plaintiff
Defendant or Representative/Attorney
Executed before me by __________________,
Executed before me by __________________,
this __________________ day of __________________, 20 __________________
this __________________ day of __________________, 20__________________
Notary Public/Clerk
Notary Public/Clerk"
Added by 2020 Ga. Laws 574,§ 35, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-1 - Definitions

As used in this chapter, the term:
(1)
"Debt adjusting" means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:
(A)
Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or
(B)
Receive from the debtor and disburse to his or her creditors any money or other thing of value.
(2)
"Person" means an individual, corporation, partnership, trust, association, or other legal entity.
(3)
"Resides" means to live in a particular place, whether on a temporary or permanent basis.
Amended by 2003 Ga. Laws 103, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-2 - Debt adjusting permitted

In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions.
Amended by 2003 Ga. Laws 103, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-3 - Exemption for debt adjustment by certain individuals or entities

Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section
7-3-3
operating under Chapter 3 of Title 7, the "Georgia Installment Loan Act."
Amended by 2020 Ga. Laws 409,§ 9, eff. 6/30/2020.
Amended by 2015 Ga. Laws 9,§ 18, eff. 3/13/2015.
Amended by 2003 Ga. Laws 103, § 3, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-3.1 - Annual requirements for persons engaged in debt adjusting; designation of repository office

(a)
Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:
(1)
Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and
(2)
Obtain and maintain at all times insurance coverage for employee dishonesty, depositor's forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least "A-" or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days' advance written notice of termination of the policy to be provided to the Attorney General's office.
(b)
A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Attorney General's office.
(c)
The Attorney General's office shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents.
Amended by 2015 Ga. Laws 187,§ 18, eff. 7/1/2015.
Added by 2003 Ga. Laws 103, § 4, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-3.2 - Timing of disbursements to appropriate creditors; trust account required

(a)
Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds.
(b)
Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors.
Added by 2003 Ga. Laws 103, § 5, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-4 - Penalty for unlawfully engaging in business of debt adjusting

(a)
Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor.
(b)
Without limiting the applicability of subsection (a) of this Code section:
(1)
Any person who engages in debt adjusting in violation of the provisions of Code Section
18-5-3.1
or subsection (b) of Code Section
18-5-3.2
shall further be liable for a civil fine of not less than $50,000.00; and
(2)
Any person who engages in debt adjusting in violation of the provisions of Code Section
18-5-2
or subsection (a) of Code Section
18-5-3.2
shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter.
(c)
The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter.
(d)
A violation of Code Section
18-5-2
,
18-5-3.1
, or
18-5-3.2
shall additionally be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
Amended by 2004 Ga. Laws 564, § 18, eff. 5/13/2004.
Amended by 2003 Ga. Laws 103,§ 6, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 5 - DEBT ADJUSTMENT (§§ 18-5-1 — 18-5-5) › Section 18-5-5 - Role of Attorney General in promulgating rules and regulations

The Attorney General shall have the authority to promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this chapter. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2015 Ga. Laws 187,§ 18, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-1 — 19-1-2) › Section 19-1-1 - Injunctions and restraining orders authorized in domestic relations actions

(a)
As used in this Code section, the term "domestic relations action" shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term "domestic relations action" shall also include any direct or collateral attack on a judgment or order entered in any such action.
(b)
Upon the filing of any domestic relations action, the court may issue a standing order in such action which:
(1)
Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
(2)
Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;
(3)
Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
(4)
Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action.
(c)
Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-1 — 19-1-2) › Section 19-1-2 - through 19-1-6 - [Repealed]

Reserved. Repealed by Ga. L. 1991, p. 94, § 19, effective March 14, 1991.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-1 - Place of domicile; how domicile changed, generally

(a)
The domicile of every person who is of full age and is laboring under no disability is the place where the family of the person permanently resides, if in this state. If a person has no family or if his family does not reside in this state, the place where the person generally lodges shall be considered his domicile.
(b)
The domicile of a person sui juris may be changed by an actual change of residence with the avowed intention of remaining at the new residence. Declaration of an intention to change one's domicile is ineffectual for that purpose until some act is done in execution of the intention.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-2 - Election between two or more domiciles; domicile of transients

(a)
If a person resides indifferently at two or more places in this state, the person shall have the privilege of electing which of such places shall be his domicile. If the election is made known generally among those with whom the person transacts business in this state, the place chosen shall be the person's domicile. If no such election is made or if an election is made but is not generally known among those with whom the person transacts business in this state, third persons may treat any one of the places in which the person resides as his domicile and it shall be so held; and in all such cases a person who habitually resides a portion of the year in one county and another portion of the year in another shall be deemed a resident of both, so far as to subject him to actions in either for contracts made or torts committed in such county.
(b)
Transient persons whose business or pleasure causes a frequent change of residence and who have no family permanently residing at one place in this state shall be deemed, as to third persons, to be domiciled at such place as they at the time temporarily occupy.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-3 - Domicile of married person

The domicile of a married person shall not be presumed to be the domicile of that person's spouse.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-4 - Domicile of minor

(a)
If a minor child's parents are domiciled in the same county, the domicile of that child shall be that of the parents. If a minor child's parents are divorced, separated, or widowed, or if one parent is not domiciled in the same county as the other parent, the child's domicile shall be that of the custodial parent. The domicile of a minor child born out of wedlock shall be that of the child's mother.
(b)
Where a child's parents have voluntarily relinquished custody of the child to a third person or have been deprived of custody by court order, the child's domicile shall be that of the person having legal custody of the child. If there is no legal custodian, the child's domicile shall be that of his guardian if the guardian is domiciled in this state. If there is neither a legal custodian nor a guardian, the domicile of the child shall be determined as if he were an adult.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-5 - Domicile of person under guardianship

Persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 2 - DOMICILE (§§ 19-2-1 — 19-2-6) › Section 19-2-6 - Change of domicile which is dependent on that of another; change of ward's domicile affecting inheritance

(a)
A person whose domicile for any reason is dependent upon that of another cannot effect a change of his own domicile.
(b)
A guardian cannot change the domicile of his ward by a change of his own domicile or in any other fashion so as to interfere with the rules of inheritance or succession or otherwise to affect the rights of inheritance of third persons.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-1 - Prerequisites to valid marriage

To constitute a valid marriage in this state there must be:
(1)
Parties able to contract;
(2)
An actual contract; and
(3)
Consummation according to law.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-1.1 - Common-law marriage; effectiveness

No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-2 - Who may contract marriage; emancipation requirement; minimum age for marriage

(a)
To be able to contract marriage, a person must:
(1)
Be of sound mind;
(2)
Except as provided in subsection (b) of this Code section, be at least 18 years of age;
(3)
Have no living spouse of a previous undissolved marriage. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing in this paragraph shall be construed to affect the legitimacy of children; and
(4)
Not be related to the prospective spouse by blood or marriage within the prohibited degrees.
(b)
If either applicant for marriage is 17 years of age, documentary proof that such applicant was emancipated by operation of law or pursuant to a petition filed with the court as provided in Article 10 of Chapter 11 of Title 15 shall be required before a license may be issued pursuant to Article 2 of this chapter; provided, in addition, that:
(1)
If the emancipation was pursuant to a petition filed with the court, a certified copy of the order providing for the emancipation shall be provided as documentary proof;
(2)
At least 15 days shall have passed since such emancipation shall have occurred by operation of law or pursuant to a petition filed with the court;
(3)
The older party to the marriage contract shall not be more than four years older than the younger party to the marriage contract; and
(4)
Each party to the marriage contract who is 17 years of age shall present a certificate of completion of premarital education as provided under Code Section
19-3-30.1
.
(c)
No license provided for under Article 2 of this chapter shall be issued for the marriage of any party who is under 17 years of age.
Amended by 2019 Ga. Laws 187,§ 1-1, eff. 7/1/2019.
Amended by 2006 Ga. Laws 466,§ 6A, 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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-3 - Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage

(a)
Any person who marries a person to whom he knows he is related, either by blood or by marriage, as follows:
(1)
Father and daughter or stepdaughter;
(2)
Mother and son or stepson;
(3)
Brother and sister of the whole blood or the half blood;
(4)
Grandparent and grandchild;
(5)
Aunt and nephew; or
(6)
Uncle and niece
shall be punished by imprisonment for not less than one nor more than three years.
(b)
Marriages declared to be unlawful under subsection (a) of this Code section shall be void from their inception.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-3.1 - Marriages between persons of same sex prohibited; marriages not recognized

(a)
It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b)
No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-4 - Nature of consent required

To constitute an actual contract of marriage, the parties must consent thereto voluntarily without any fraud practiced upon either. Drunkenness at the time of marriage, brought about by art or contrivance to induce consent shall be held as fraud.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-5 - What marriages void; legitimacy of issue; effect of later ratification

(a)
Marriages of persons unable to contract, unwilling to contract, or fraudulently induced to contract shall be void. However, the issue of such a marriage born before the marriage is annulled and declared void by a competent court shall be legitimate.
(b)
In the case of persons unwilling to contract or fraudulently induced to do so, a subsequent consent and ratification of the marriage, freely and voluntarily made, accompanied by cohabitation as husband and wife shall render the marriage valid. In the case of a marriage void on one of the grounds specified in paragraphs (1) through (3) of Code Section
19-3-2
, after removal of the impediment to marriage, a subsequent free and voluntary consent and ratification of the marriage accompanied by cohabitation as husband and wife shall likewise render the marriage valid.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-6 - Effect of restraints on marriage; when valid

Marriage is encouraged by the law. Every effort to restrain or discourage marriage by contract, condition, limitation, or otherwise shall be invalid and void, provided that prohibitions against marriage to a particular person or persons or before a certain reasonable age or other prudential provisions looking only to the interest of the person to be benefited and not in general restraint of marriage will be allowed and held valid.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-7 - Contracts attempting to force marriage void

The policy of the law being opposed equally to restrictions on marriage and to marriages not the result of free choice, all contracts or bonds made to hinder or to force marriage are deemed fraudulent and void.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-8 - Interspousal tort immunity continued

Interspousal tort immunity, as it existed immediately prior to July 1, 1983, shall continue to exist on and after July 1, 1983.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-9 - Each spouse's property separate

The separate property of each spouse shall remain the separate property of that spouse, except as provided in Chapters 5 and 6 of this title and except as otherwise provided by law.
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 1 - GENERAL PROVISIONS (§§ 19-3-1 — 19-3-11) › Section 19-3-10 - Right of married persons to contract; presumptions

A married person may make contracts with other persons; but, when a transaction between a husband and wife is attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If a husband or a wife has a separate estate and purchases property from persons other than his or her spouse, the onus shall be upon a creditor levying on such property as the property of the other spouse to show fraud or to show that the husband or wife did not have the means with which to purchase the property.
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 19-3-30 - Issuance, return, and recording of license

(a)
Marriage licenses shall be issued only by the judge of the probate court or his clerk at the county courthouse between the hours of 8:00 A.M. and 6:00 P.M., Monday through Saturday.
(b)
(1)
No marriage license shall be issued to persons of the same sex.
(2)
If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed.
(c)
The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose.
(d)
The fact of issue of any unrecorded marriage license may be established by affidavit of either party to a ceremonial marriage, which affidavit shall set forth the date, the place, and the name and title of the official issuing the license.
(e)
In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose.
(f)
Any other provisions of this Code section or any other law to the contrary notwithstanding, the judge of the probate court of any county which has within its boundaries a municipality that has a population according to the United States decennial census of 1950 or any future such census greater than that of the county seat of the county is authorized to appoint a clerk for the purpose of granting marriage licenses in the municipality at an office designated by the judge. The licenses shall be issued only between the hours prescribed in subsection (a) of this Code section.
Amended by 2010 Ga. Laws 439,§ 1, 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 19-3-31 - Issuance of licenses at satellite courthouses in certain counties

Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census or in counties where the county site is located in an unincorporated portion of the county, the judge of the probate court or his or her clerk shall be authorized to issue the marriage licenses provided for by Code Section
19-3-30
and to take and perform any and all other actions prescribed in Code Section
19-3-30
either at the courthouse located at the county site or at any permanent satellite courthouse within the county which has been established and constructed by the governing authority of the county and has been designated by the governing authority of the county as a courthouse annex or by similar designation has been established as an additional courthouse to the courthouse located at the county site.
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 19-3-32 - Penalty for improper issuance of license

If any judge of the probate court or clerk issues a marriage license in violation of subsection (a) of Code Section
19-3-30
, the judge or clerk, as the case may be, 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 19-3-33 - Application for marriage license; contents; supplement marriage report

(a)
A marriage license shall be issued on written application therefor, made by the persons seeking the license, verified by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and mother of each, if known. If the names of the father or mother of either are unknown, the application shall so state. The application shall state that the persons seeking the license have or have not completed premarital education pursuant to Code Section
19-3-30.1
. If the application states that the applicants seeking issuance of the license have completed premarital education, then the applicants shall submit a signed and dated certificate of completion issued by the premarital education provider.
(b)
An application supplement-marriage report shall be prepared in connection with each marriage license. Except for the information in paragraph (3) of this subsection, the application supplement-marriage report shall be completed as a part of each application for a marriage license. The application supplement-marriage report shall state, at a minimum, the following:
(1)
The full name, date of birth, and social security number for each applicant;
(2)
The number this marriage would be for each applicant; and
(3)
After the ceremonial marriage has been performed, the date of the marriage ceremony and the county where the marriage ceremony occurred.
Amended by 2005 Ga. Laws 410,§ 3, eff. 7/1/2005.
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 19-3-33.1 - Use of surname in application for marriage license

(a)
The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section.
(b)
A spouse may use as a legal surname his or her:
(1)
Given surname or, in the event the given surname has been changed as provided in Chapter 12 of this title, the surname so changed;
(2)
Surname from a previous marriage;
(3)
Spouse's surname; or
(4)
Surname as provided in paragraph (1) or (2) of this subsection in conjunction with the surname of the other spouse.
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 19-3-34 - Marriage application to be filed; use as evidence; transmission to the state registrar

(a)
Except as provided in subsection (b) of this Code section, the application for a marriage license shall be filed in the office of the judge of the probate court before a marriage license shall be issued and shall remain in the permanent files in the office of the judge. It may be used as evidence in any court of law under the rules of evidence made and provided in similar cases.
(b)
The application supplement-marriage report form provided for in Code Section
19-3-33
shall be transmitted to the state registrar pursuant to Code Section
31-10-21
. No original or duplicate application supplement-marriage report form need be retained by any official or employee of the probate court beyond the time required for transmission to the state registrar of vital records and confirmation of such transmission and receipt. While in the temporary custody of the probate court, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law.