Family Law
Broader family law topics including marriage, annulment, family violence, adoption, paternity, and prenuptial agreements.
All Posts in Family Law
Is a Georgia Marriage Valid Without a License?
The Court of Appeals held in 2021 that no Georgia statute makes an unlicensed ceremonial marriage void. The penalty falls on the officiant.
Read MoreIs an Out-of-State Marriage Valid in Georgia?
Generally yes, with one proviso aimed at Georgians who cross a state line to dodge Georgia's rules, and a 2019 exception for couples who married before moving here.
Read MoreMeretricious Relationships and Money Claims Between Unmarried Partners
Georgia will not enforce a contract whose consideration is the relationship itself, but a claim only incidentally connected to it survives.
Read MoreSame-Sex Marriage in Georgia: The Statutes Are Still There, and They Do Not Work
Obergefell controls in Georgia. The state's ban was never repealed, so a reader can still find it in the Code, but it cannot be enforced.
Read MoreThe Presumption of Legitimacy Is Why Georgia Presumes a Marriage Valid
When someone attacks a marriage, they are also attacking the children's status. Georgia builds that into the burden of proof.
Read MoreThe Three Essentials of a Valid Marriage in Georgia
Georgia law requires parties able to contract, an actual contract, and consummation, and all three have to exist at the same time.
Read MoreVoid or Voidable? Georgia's Distinction Is Thinner Than It Sounds
A void marriage can be ignored without a decree. But most void marriages in Georgia can still be cured by ratification once the impediment is gone.
Read MoreWhat an Invalid Marriage Costs the Spouses
Georgia protects the children of a void marriage. It does not protect a spouse's own claims, and a divorce decree resting on one can be set aside.
Read MoreWhich State's Law Decides Whether Your Marriage Is Valid?
The law of the place where the marriage was made, but only if you raise that law properly. Otherwise a Georgia court applies Georgia law.
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