State Georgia Getting Married Inback to States

Who:

Georgia recognizes only straight unions.

Current Legislation:

The current legislation in place is a constitutional ban against same-sex marriages.

FAQs:

On April 2014, Lambda Legal filed a federal lawsuit for marriage equality in the state of Georgia and/or for the state to respect marriages legally performed elsewhere.

Do I have to reside in Georgia to get married there?

You do not have to be a resident of Georgia to get married there, however if one partner is a resident of Georgia, a couple can obtain a marriage license in any county. If neither is a Georgia resident, the license must be issued in the county where the ceremony takes place.

How can I apply for a marriage license?

Gay and Lesbian Couples: Currently, the state government does not recognize same-sex marriages, so unfortunately licenses are not available to gay and lesbian couples.

Straight Couples: Both parties must be present to apply for a marriage license with the county probate court.

What are the fees?

The cost for a marriage license is $56, or $16 with a certificate of completion from a qualified premarital education program.

Is there a waiting period?

There is no waiting period and the license will not expire.

What documentation do I need?

Each party must provide a form of identification, such as a driver’s license, passport, military ID, or birth certificate. If either partner has been divorced in the previous 90 days, a final divorce decree must be presented.

Is a blood test required?

No.

Who can marry us and are witnesses required?

Judges, justices of the peace, and licensed or ordained ministers, clergymen, pastors, and other religious leaders can perform the ceremony. Two witnesses are required.

How can I change my name?

With a marriage license: Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to change it with the DMV, your employer, your bank, etc.

Any adult Georgia resident can formally change their name without a marriage license, but it must be done in your county of residence. File a Petition for Name Change with your local Superior Court. Within the week after you file the petition, you’ll need to post a notice in your local newspaper stating your intent to change your name. You’ll include in the notice your current name, your desired name, the court you’ve filed the petition with, the date you filed the petition on and a statement admitting the right of anyone interested to object to your name change. You’ll run this notice once a week for four weeks. If, after these four weeks, no one voices objections, you can schedule your final hearing with the clerk’s office, and the judge assigned to your case will consider the petition and grant the name change. You will receive a certified copy of your name change decree (be sure to purchase a few extra) which you will then use to change your name with the Social Security Administration, DMV, your employer, etc.

**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.