Georgia Marriage Records

In Georgia, a marriage is an officially recognized union between two people, resulting in special legal rights and benefits not typically available to couples who are simply cohabiting. Marriages in the state are governed by Title 19 of the Official Code of Georgia Annotated (O.C.G.A.); this law outlines the prerequisites, requirements, procedures, and responsibilities of the parties involved. Per this law, the couple must be at least 18; however, emancipated 17-year-olds may be married under certain conditions. Both parties must also be of sound mind, must not be legally married to anyone else, and must first obtain a marriage license from a Probate Court before conducting the wedding ceremony. More than 66,000 of these marriage licenses were issued across the state in 2023 alone.

Georgia marriage licenses are typically valid indefinitely and are available to both residents and non-residents of the state; however, non-residents must apply for the license in the county where they intend to hold their marriage ceremony. The couple is typically required to appear in person at the Probate Court to obtain their marriage license, and they must both provide valid proof of ID. Premarital blood tests are not required, nor is there a mandatory waiting period before the requested licenses are issued. Once married, the couple will be expected to return the properly completed marriage license to the Probate Court that issued it within 30 days for recording.

Be aware that marriage records are considered public records in Georgia and can be accessed by anyone. County Probate Courts maintain these records locally, while the Georgia Department of Public Health also manages some marriage records at the state level.

What are Marriage Records?

In Georgia, marriage records are official records that document marriages consummated within the state. These records include marriage applications, licenses, certificates, and verifications. It should be noted that even though "marriage licenses" and "marriage certificates" are sometimes used interchangeably, these are different documents. Marriage licenses are issued before the marriage ceremony and must be obtained before the wedding can legally occur, while marriage certificates are issued after an authorized officiant has performed the wedding ceremony.

Georgia marriage records are generated locally by county Probate Courts. The specific information contained in these records may vary by county, but they typically include:

The names of the couple
The date the marriage license was issued
The date of the marriage
The location of the marriage
The marital status of the bride and groom before marriage
The name of the person who performed the ceremony
The names of witnesses to the ceremony (if any)
The marriage license number

Georgia marriage records are considered vital records (official documents that record significant life events) and are essential for various legal and administrative purposes. They primarily serve as legally binding evidence of weddings and can also be used for genealogical research, research into local and statewide trends and patterns, and a variety of other legitimate purposes.

Marriage records are covered under the Georgia Open Records Act, meaning they can be viewed and copied by any member of the public upon request. These records are managed by the Probate Courts in each county and can be accessed by contacting the specific court that generated the record. The Georgia Department of Public Health also maintains copies of marriage records; however, this agency’s repository is not as comprehensive as those of the Probate Courts.

Marriages in Georgia

According to the U.S. Census Bureau, as of 2022, about 34.8% of Georgians aged 15 and older have never been married (which is above the national average of 34.3%. Studies indicate that marriage rates in the state have been declining (mirroring a trend observed nationwide), with only about 30% of Georgians reportedly having been married at least once in their life. Marriage rates vary significantly across the different demographics within the state – among racial groups, 66% of Asians, 61% of Whites, 52% of Hispanics, 36% of Blacks, and 38% of the individuals who identify as mixed are married. Higher marriage rates are observed among Georgians aged 35-64 compared to younger adults, suggesting that age (and possibly financial security) plays a role in the decision of whether or not to get married. On the flip side, divorce rates are also notable in Georgia, with approximately 34% of women and 33% of men having experienced divorce at least once.

Per state law, couples in Georgia must meet three prerequisites to have a valid marriage:

Legal Capacity: the couple must be legally able to marry. This means that they must both consent to the union freely and without any coercion or fraud. Individuals declared legally incompetent or already married cannot enter into a new marriage in Georgia.
Mutual Agreement: the couple must agree to be married to each other at present; future promises of marriage are not considered valid.
Marriage Consummation: the marriage must be completed according to legal procedures. This generally involves obtaining a marriage license and having the ceremony performed by an authorized officiant.

The marriage process in Georgia typically begins with the couple applying for a marriage license at a Probate Court. While both applicants are expected to appear in person, special considerations may be made for those unable to do this due to exceptional circumstances (this usually requires prior arrangement with the court). During the application process, the court typically determines if the couple meets the following criteria:

They are both of sound mind.
They are not closely related by blood or marriage.
They are not currently married to someone else.
They are at least 18 years old. However, licenses may be issued to 17-year-olds who have been emancipated for at least 15 days (before applying for the license) and have completed mandatory premarital counseling. Note that in situations where only one party is 17, the age difference between the couple must not be more than four years.

Applicants are typically required to present valid identification to prove their age; additional documentation, such as a divorce decree or death certificate, will also be necessary if either applicant has been previously married.

Georgia residents can apply for a marriage license in any county in the state, regardless of where the marriage ceremony will be held. However, if neither applicant is a Georgia resident, then the application must be made in the county where the ceremony will take place. The cost of obtaining a marriage license varies by location; however, most counties offer reduced fees for couples who complete a pre-approved premarital education program. Georgia marriage licenses do not expire, so couples do not need to worry about performing their wedding ceremony within a specified timeline after obtaining their marriage license. Be aware that these licenses cannot be used outside the state.

It is important to note that only specific legally recognized individuals can officiate marriage ceremonies in Georgia. These include:

Judges
Magistrates
City recorders
Governors
Former governors
Ordained ministers
Members of a religious society authorized by the rules of their society or sect to perform this action

The wedding officiant will be required to return the duly signed marriage license to the Probate Court within 30 days of the marriage (so that the marriage can be recorded). Witnesses are not required for wedding ceremonies in Georgia; however, having them is often a good idea. This is because, if a marriage license is not returned for recording after a ceremony, either spouse can prove the marriage by submitting affidavits from two witnesses to the Probate Court judge (who issued the original license). The affidavits must include the date and place of the marriage and the officiant's name. The judge will then reissue the marriage license, add the marriage details, and properly record it in the official records.

Georgia Marriage Certificate

Georgia marriage certificates are official documents issued after a wedding ceremony to certify that a marriage has taken place. These documents are typically prepared and maintained by court clerks at the Probate Court that issued the marriage license used for the wedding. Marriage certificates are typically sent to the couple after the wedding (usually within 30 days of the record being created); however, some counties require the couple to request their certificate before sending it to them.

Georgia marriage certificates are public records, and anyone can obtain copies of these certificates. These requesters will typically have to provide the names of the couple (as it would have appeared on the original marriage license), the date of the marriage, and a copy fee. Note that Probate Courts only maintain copies of marriage certificates for marriage licenses that they issued. Also, sensitive information, such as birth dates and parent’s maiden names, are usually redacted from the provided copy (unless requested by the couple named on the record).

How to Find and Access Georgia Marriage Records

Georgia marriage records are maintained by Probate Court Clerks at the county where the marriage occurred and can be accessed by interested parties via online and offline methods. The Georgia Department of Public Health, through its Office of Vital Records, also provides copies of marriage records, albeit not as comprehensive as the ones available at the county level.

Accessing Georgia Marriage Records Online

Online searches are the easiest way to find marriage records in Georgia. Several counties provide access to portals (sometimes hosted through designated third-party providers) that can be used to perform these searches and view copies of the required records using name and date search parameters. These online searches typically return details like the couple's names (as listed on their marriage license), the county that issued the marriage license, and the marriage date.

Georgia marriage records can usually be accessed online at no cost; however, a fee may be required to obtain copies. Note that certified copies of these marriage records typically have to be requested offline.

Accessing Georgia Marriage Records Offline

Interested parties can find Georgia marriage records offline by visiting the county Probate Court that generated the record, completing a request form, and paying a search or copy fee. This fee can range from $1 to $10 per copy (or more), depending on whether plain or certified copies of the records are needed. Many counties also offer mail-in, email, and fax options for submitting the completed request forms. The specific requirements for accessing marriage records offline in Georgia typically vary by county; as such, it is advisable to contact the Probate Court Clerk’s office beforehand to ensure a hassle-free process. Note that Probate Courts only keep records of marriages for which they issued the marriage license. Therefore, individuals looking to obtain copies of Georgia marriage records should be aware of the county where the marriage license for the marriage in question was probably obtained.

In addition to contacting Probate Courts, interested parties can access specific Georgia marriage records offline through the state's Department of Public Health (DPH). This agency maintains records of marriage applications and certifications from June 1952 to August 1996. Copies of these records can be obtained by submitting a completed Request for Search of Marriage Form to the Department at:

State Office of Vital Records

1680 Phoenix Boulevard

Suite 100

Atlanta, GA 30349

Individuals who are unsure of the county where the marriage occurred or who wish to obtain marriage records for genealogical purposes may consider requesting a marriage verification by submitting a Marriage Verification Request Form instead (to the address listed above).

The DPH charges a non-refundable $10 search fee for marriage records, which will cover the cost of one certified copy of the requested record (if it is found) or one verification letter (for marriage verification requests), plus a $5 fee for each additional copy. Note that the Georgia Department of Public Health cannot search for and verify marriages that occurred before 2014. Similarly, certified copies of marriage applications from the DPH are only available to the couple listed on the document.

References

Counties in Georgia

List of Content

What are Marriage Records?
Marriages in Georgia
1. Georgia Marriage Certificate
How to Find and Access Georgia Marriage Records