§ 19-3-43.Marriage in another state; effect in this state
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 2019 · Last verified October 9, 2026
Full Text of § 19-3-43
Plain-English Summary
This section answers a common question: how does Georgia treat a marriage performed somewhere else? It gives two rules and one exception.
First, a marriage solemnized in another state by parties who intended at the time to reside in Georgia has the same legal consequences and effect as if it had been solemnized in Georgia. Second, people who live in Georgia may not evade any of Georgia’s marriage laws by going into another state for the ceremony. The statute names the age limits in § 19-3-2 as one example, but the rule reaches all of Georgia’s laws on marriage. Under § 19-3-2, a person generally must be at least 18 to marry; a 17-year-old may marry only with documentary proof of emancipation and after meeting that section’s other conditions; and no license may issue for anyone under 17.
Subsection (b) carves out newcomers. Georgia’s age limits do not apply to a lawful marriage solemnized in another state or country before either party resided in Georgia. A couple who married lawfully elsewhere and later moved here doesn’t have its marriage tested against § 19-3-2’s age rules. The exception covers only the age limits, and only marriages made before either spouse lived in Georgia.
The section’s current wording comes from a 2019 amendment, though its roots reach back to the Code of 1863. For the other requirements every Georgia marriage must meet, see §§ 19-3-1 and 19-3-2.
Frequently Asked Questions
Is an out-of-state marriage valid in Georgia?
For a couple who meant to live in Georgia, the marriage is treated as if it happened here. A marriage solemnized in another state by parties intending at the time to reside in Georgia has the same legal consequences and effect as if solemnized in Georgia. And Georgia residents may not evade Georgia’s marriage laws by holding the ceremony in another state, so a looser rule elsewhere doesn’t help them.
Can Georgia residents go to another state to marry if they’re underage?
No. Parties residing in Georgia may not evade any of Georgia’s marriage laws, including the age limits in Code Section 19-3-2, by going into another state for the ceremony. Under § 19-3-2, a person generally must be at least 18; a 17-year-old needs documentary proof of emancipation and must meet that section’s other conditions; and no one under 17 may receive a license.
We married in another country before moving to Georgia. Does Georgia’s marriage age apply to us?
No. Subsection (b) says the age limits in § 19-3-2 shall not apply to a lawful marriage solemnized in another state or country before either party resided in Georgia. The marriage must have been lawful, and the exception covers only the age limits, not Georgia’s other marriage requirements.
Does this section apply to Georgia residents who have a destination wedding in another state?
Yes. If you live in Georgia and travel to another state for the ceremony, you can’t evade any Georgia marriage law by doing so. And a marriage solemnized in another state by parties intending to live in Georgia has the same legal consequences and effect as one solemnized here. The section’s first rule speaks of ceremonies in another state.
What does “intending at the time to reside in this state” mean?
It refers to the couple’s plans when they married. If, at the time of the ceremony in another state, the parties intended to live in Georgia, their marriage has the same legal consequences and effect as if it had been performed here. Intent is a question of fact, so if it’s disputed, a court would weigh the evidence about where the couple planned to live.
Amendment History
Laws 2019, Act 187, § 1-6, eff. July 1, 2019.
Formerly Code 1863, § 1668; Code 1868, § 1709; Code 1873, § 1710; Code 1882, § 1710; Civil Code 1895, § 2424; Civil Code 1910, § 2943; Code 1933, § 53-214.