§ 19-3-32.Penalty for improper issuance of license
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 1956 · Last verified October 9, 2026
Full Text of § 19-3-32
Plain-English Summary
This section enforces Code Section 19-3-30(a). That subsection says marriage licenses may be issued only by 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 a probate judge or clerk issues a license in violation of those rules, the judge or clerk, as the case may be, is guilty of a misdemeanor.
The penalty falls on the official, not on the couple. The section doesn’t say that a license issued at the wrong time or place is void, and it doesn’t state the punishment for the misdemeanor. Code Section 19-3-31 lets certain large counties, and counties with an unincorporated county seat, issue licenses at a designated satellite courthouse, and Code Section 19-3-30(f) lets some counties appoint a clerk to issue licenses in a city larger than the county seat — both apply notwithstanding other law, which indicates that issuing at those authorized locations doesn’t violate subsection (a).
Other sections in the article punish other licensing wrongs. Code Section 19-3-45 imposes a forfeiture on a probate judge who knowingly grants a license without required consent or without proper inquiry into minority, and Code Section 19-3-47 makes it a misdemeanor for anyone to willfully give false information in connection with a license application.
Frequently Asked Questions
Can a probate court issue a marriage license on a Sunday in Georgia?
No. Code Section 19-3-30(a) limits issuance to 8:00 A.M. to 6:00 P.M., Monday through Saturday, and this section makes it a misdemeanor for a probate judge or clerk to issue a license in violation of that rule. Saturday issuance is allowed within those hours.
Who gets punished if a license is issued improperly?
The judge of the probate court or the clerk who issued it, as the case may be. This section makes issuing a license in violation of Code Section 19-3-30(a) a misdemeanor for that official. It doesn’t impose a penalty on the couple.
Is my marriage invalid if the license was issued after hours?
This section doesn’t say so. It punishes the issuing judge or clerk with a misdemeanor but says nothing about the validity of the license or the marriage. Code Section 19-3-42 separately says a marriage valid in other respects, and supposed by the parties to be valid, isn’t affected by a lack of authority in the person who performed it.
What rules does a probate judge have to follow when issuing a license?
Under Code Section 19-3-30(a), licenses may be issued only by the probate judge or the judge’s clerk, at the county courthouse, between 8:00 A.M. and 6:00 P.M., Monday through Saturday. Code Section 19-3-31 allows satellite courthouses in certain counties, and Code Section 19-3-36 requires the judge to check documentary proof of age.
Are there other penalties connected to marriage licenses in Georgia?
Yes. Code Section 19-3-45 makes a probate judge who knowingly grants a license without required consent, or without proper inquiry into minority, forfeit $500.00 for each such act. Code Section 19-3-47 makes it a misdemeanor to willfully furnish false information in a license application or proof of age.
Amendment History
Laws 1956, p. 43, § 2.