§ 19-3-30.Issuance, return, and recording of license
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 2010 · Last verified October 9, 2026
Full Text of § 19-3-30
Plain-English Summary
This section sets the core mechanics of getting married in Georgia. Under subsection (a), only the judge of the probate court or the judge’s clerk may issue a marriage license, and only at the county courthouse between 8:00 A.M. and 6:00 P.M., Monday through Saturday. A judge or clerk who issues a license in violation of subsection (a) is guilty of a misdemeanor under Code Section 19-3-32, and Code Section 19-3-31 lets certain counties issue licenses at satellite courthouses.
Subsection (b) addresses where to apply. If either person is a Georgia resident, the license may be issued in any county. If neither is a resident, it must be issued in the county where the ceremony will take place. Paragraph (1) of subsection (b) bars licenses to persons of the same sex; since the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, that bar can no longer be enforced.
Subsection (c) lists who may perform the marriage: the Governor or any former Governor, any judge (including judges of state and federal courts of record in Georgia), a city recorder, a magistrate, a minister, or another person of a religious society or sect authorized by its rules to perform marriages. The officiant must return the license to the probate judge, with a certificate of the fact and date of the marriage, within 30 days after the marriage. The judge records it in a book kept for that purpose.
Subsections (d) and (e) cover gaps in the record. Either party to a ceremonial marriage can prove that an unrecorded license was issued by affidavit stating the date, the place, and the name and title of the issuing official. If the license was never returned, either party may establish the marriage by giving the probate judge affidavits of two witnesses to the ceremony, stating the date, the place, and the name of the person who performed it. The judge then reissues the license, enters the certificate, and records and cross-indexes it in proper order. Finally, subsection (f) lets the probate judge in a county containing a city larger than the county seat (by the 1950 or a later federal census) appoint a clerk to issue licenses in that city, during the same hours. The section was last amended in 2010.
Frequently Asked Questions
Where do I get a marriage license in Georgia?
From the judge of the probate court or the judge’s clerk, at the county courthouse, between 8:00 A.M. and 6:00 P.M., Monday through Saturday. If either of you lives in Georgia, any county can issue it. If neither of you is a resident, you must get it in the county where the ceremony will be performed.
Who can legally perform a wedding in Georgia?
The Governor or any former Governor, any judge (including judges of state and federal courts of record in Georgia), a city recorder, a magistrate, a minister, or another person of a religious society or sect authorized by its rules to perform marriage ceremonies. The license is directed to these officiants.
How long does the officiant have to return the marriage license?
Thirty days. The officiant must return the license to the probate judge, with a certificate stating the fact and date of the marriage, within 30 days after the date of the marriage. The judge then records the license and return in a book kept for that purpose.
What if our officiant never returned the marriage license?
Either spouse can establish the marriage by giving the probate judge affidavits from two witnesses to the ceremony, stating the date, the place, and the name of the official or minister who performed it. The judge then reissues the license, enters the certificate of marriage, and records and cross-indexes it.
Can out-of-state residents get married in Georgia?
Yes. If neither person is a Georgia resident, the license must be issued in the county where the ceremony will be performed. If at least one is a resident, any Georgia county can issue it. The other requirements for a license, such as the application in Code Section 19-3-33, still apply.
Amendment History
Laws 1805, Cobb's 1851 Digest, p. 282; Laws 1809, Cobb's 1851 Digest, p. 282; Laws 1851-52, p. 49, § 1; Laws 1924, p. 53, § 1; Laws 1956, p. 43, § 1; Laws 1960, p. 179, § 1; Laws 1965, p. 335, § 2; Laws 1982, p. 3, § 19; Laws 1983, p. 884, § 4-1; Laws 1984, p. 1192, § 1; Laws 1987, p. 409, § 1; Laws 1996, p. 624, § 2; Laws 1997, p. 1592, § 1; Laws 2010, Act 439, § 1, eff. July 1, 2010.
Formerly Code 1863, §§ 1659, 1663; Code 1868, §§ 1702, 1706; Code 1873, §§ 1703, 1707; Code 1882, §§ 1703, 1707; Civil Code 1895, §§ 2417, 2421; Civil Code 1910, §§ 2936, 2940; Code 1933, §§ 53-201, 53-211.