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§ 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

In one sentenceO.C.G.A. § 19-3-32 makes it a misdemeanor for a Georgia probate judge or clerk to issue a marriage license in violation of the who, where, and when rules of Code Section 19-3-30(a).

Full Text of § 19-3-32

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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.
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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.

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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