§ 19-3-49.Acceptance by judges of tips, consideration, or gratuities
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 1992 · Last verified October 9, 2026
Full Text of § 19-3-49
Plain-English Summary
Georgia law lets judges perform marriages; § 19-3-30(c) directs the marriage license to any judge, among others. This section settles whether a judge may accept a thank-you payment. In addition to any compensation otherwise provided by law, a judge who performs a marriage ceremony at any time except normal office hours may receive and retain as personal income any tip, consideration or gratuity voluntarily given for performing the ceremony.
Three limits follow from the text. The permission covers ceremonies outside normal office hours, not during them. The payment must be voluntarily given; nothing in the section lets a judge demand one. And it covers payments given for performing the marriage ceremony. The word “may” makes this a permission, not a duty — the judge may accept, and the couple decides whether to give anything.
The section doesn’t define “normal office hours,” and it sets no amount. Fees for the license itself are a separate matter. Under § 19-3-30.1, for example, a couple pays no license fee if both applicants are 18 or older and certify that they completed a qualifying premarital education program. The section dates from 1992 and hasn’t been amended.
Frequently Asked Questions
Can I tip a judge for performing our wedding in Georgia?
If the ceremony takes place outside normal office hours, yes. This section lets the judge receive and keep as personal income any tip, consideration or gratuity voluntarily given for performing the ceremony. The permission speaks only to ceremonies outside normal office hours; it doesn’t authorize keeping tips for ceremonies during them.
Does a judge have to accept a tip for an after-hours wedding?
No. The section says the judge may receive and retain a tip; it doesn’t require the judge to accept one, and it doesn’t require the couple to offer one. Any gratuity must be voluntarily given, and the section doesn’t set an amount.
Can a judge keep money for a wedding performed during office hours?
This section doesn’t allow it. Its permission covers ceremonies performed at any time except normal office hours. For ceremonies during those hours, the section gives no authority to keep a tip as personal income, so the judge’s pay for that work is whatever the law otherwise provides.
Can a judge charge a fee to marry us after hours?
This section doesn’t authorize a charge. It covers tips, consideration or gratuities voluntarily given, in addition to any compensation otherwise provided by law. Whether some other law sets a fee for a ceremony is outside this section, so ask the judge’s office what, if anything, it charges.
Who counts as a “judge” under this section?
The section says “any judge” who performs a marriage ceremony and doesn’t limit the term to one court. Section 19-3-30(c), which lists who may perform marriages, names “any judge” (including judges of state and federal courts of record in Georgia) and also lists magistrates and city recorders separately. If you’re unsure whether an officiant falls under this section, the officiant’s office can tell you its practice.
Amendment History
Laws 1992, p. 1488, § 1.