§ 19-3-33.1.Use of surname in application for marriage license
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 1996 · Last verified October 9, 2026
Full Text of § 19-3-33.1
Plain-English Summary
Choosing a married name in Georgia happens on the marriage license application. Subsection (a) requires the application form to be designed so that the applicants designate the surnames they will use as their legal surnames after the marriage. Those choices are limited to the options in subsection (b).
Under subsection (b), a spouse may use as a legal surname any of four options: (1) the spouse’s given surname, or, if that surname was changed through a name-change proceeding under Chapter 12 of Title 19, the changed surname; (2) a surname from a previous marriage; (3) the other spouse’s surname; or (4) the surname in option (1) or (2) combined with the other spouse’s surname.
The word “may” matters. Neither spouse has to take the other’s name, and the section speaks of “a spouse,” so the options are open to either spouse. Choosing on the application lets the change happen with the marriage itself, without a separate court petition. A name outside these four options would generally need a petition to the superior court under Code Section 19-12-1. In a divorce, Code Section 19-5-16 lets a party ask to restore a maiden or prior name, and after the decree a former spouse may move to restore the surname on his or her birth certificate.
Frequently Asked Questions
How do I change my last name after getting married in Georgia?
By designating it on your marriage license application. The application form lets each applicant choose the surname to use as a legal surname after the marriage, from the options this section lists, including your spouse’s surname. A name outside those options would generally take a separate petition under Code Section 19-12-1.
Do I have to take my spouse’s last name in Georgia?
No. The section says a spouse “may” use one of four surnames: your own given surname (or one changed by court order), a surname from a previous marriage, your spouse’s surname, or a combination of your own or prior-marriage surname with your spouse’s. Keeping your own name is one of the options.
Can a husband take his wife’s last name in Georgia?
Yes. The options belong to “a spouse,” not to one gender. Either spouse may choose the other spouse’s surname, or combine their own given or prior-marriage surname with the other spouse’s, on the marriage license application. Both spouses choose from the same four options.
Can we hyphenate or combine our last names?
Yes, within the section’s limits. A spouse may use a given surname, or a surname from a previous marriage, “in conjunction with” the other spouse’s surname. A name outside the four listed options would require a name-change petition under Code Section 19-12-1.
Can I keep my last name from a previous marriage?
Yes. A surname from a previous marriage is one of the four options a spouse may designate, either alone or combined with the new spouse’s surname. If the marriage later ends in divorce, Code Section 19-5-16 separately lets a party seek restoration of a maiden or prior name in the divorce case.
Amendment History
Laws 1982, p. 950, § 1; Laws 1982, p. 950, § 2; Laws 1996, p. 373, § 1.
Formerly Code 1933, § 53-202.1.