§ 19-3-35.Issuance of license to applicants otherwise eligible
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 1989 · Last verified October 9, 2026
Full Text of § 19-3-35
Plain-English Summary
Some states make couples wait a few days between applying for a marriage license and receiving it. Georgia doesn’t. This section says that when both applicants are eligible to receive a license under the other provisions of Chapter 3, and the license is otherwise authorized to issue, it may be issued immediately and without any waiting period.
The two conditions do real work. Eligibility comes from the capacity rules in Code Section 19-3-2 — sound mind, age, no undissolved prior marriage, and no prohibited family relationship. Authorization depends on the rest of the chapter: the sworn application in Code Section 19-3-33, proof of age under Code Section 19-3-36, and issuance by the probate judge or clerk at the proper place and hours under Code Section 19-3-30.
The no-waiting-period rule doesn’t override those requirements. For example, when an applicant is 17, Code Section 19-3-2(b) requires that at least 15 days have passed since the emancipation, and a certificate of completed premarital education. Until those conditions are met, the applicant isn’t eligible, and this section doesn’t apply. Code Section 19-3-36 likewise says applicants who have satisfactorily proved they have reached the age of majority may be issued a license immediately.
Frequently Asked Questions
Is there a waiting period to get married in Georgia?
No. When both applicants are eligible and the license is otherwise authorized under Chapter 3, the license may be issued immediately and without any waiting period. Eligibility still matters: an applicant who is 17 must, among other things, wait until 15 days have passed since the emancipation under Code Section 19-3-2(b).
Can we get our marriage license the same day we apply?
Yes, if you both meet the eligibility rules and the license is otherwise authorized. That means a completed, sworn application under Code Section 19-3-33, proof of age under Code Section 19-3-36, and issuance during the hours in Code Section 19-3-30(a): 8:00 A.M. to 6:00 P.M., Monday through Saturday.
Does the no-waiting-period rule apply to a 17-year-old?
Only once the 17-year-old is eligible. Code Section 19-3-2(b) requires that at least 15 days have passed since the emancipation, along with the other conditions in that section, including the premarital education certificate. Until then, the applicant isn’t eligible and this section doesn’t apply.
What do we need for the probate court to issue a license right away?
Can the probate judge refuse to issue a license immediately?
The section says a license “may” be issued immediately when both applicants are eligible and the license is otherwise authorized. A judge must still be satisfied about age under Code Section 19-3-36 and the other requirements of the chapter, so missing documents or doubts about eligibility can delay issuance.
Amendment History
Laws 1927, p. 224, § 1A; Laws 1958, p. 214, § 1; Laws 1965, p. 335, § 3; Laws 1972, p. 193, § 4; Laws 1976, p. 1719, § 2; Laws 1989, p. 605, § 1.
Formerly Code 1933, § 53-202.