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§ 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

In one sentenceO.C.G.A. § 19-3-30 governs Georgia marriage licenses: who issues them and when, which county issues them, who may perform the ceremony, the 30-day return of the license, recording, and how to prove a marriage when the license goes unrecorded.

Full Text of § 19-3-30

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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.
(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.
End

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.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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