Judges Making House Calls In Georgia: Wedding Edition

If you're looking to get married in Georgia, you might be wondering if judges will come to you to officiate your wedding. While Georgia's marriage laws allow judges to perform weddings, they typically do so at the courthouse during normal business hours. Some counties may have specific days and times for wedding ceremonies, and it's important to schedule an appointment in advance. While judges generally do not perform weddings away from the courthouse, you can always contact the clerk of the Magistrate Court to inquire about the possibility of a judge officiating a wedding at your desired location. So, while it's not a common practice for judges to make house calls for weddings in Georgia, there may be some flexibility depending on the county and the judge's discretion.

Legal Requirements: What are the legal requirements for a wedding to be valid?

To be legally married in Georgia, there are a few requirements that must be met. These include:

Age Requirements

To be able to contract a marriage in Georgia, a person must be of sound mind and be at least 18 years of age. If either applicant is 17 years old, they must provide documentary proof of emancipation. The older party to the marriage must not be more than four years older than the younger party.

Residency Requirements

If at least one of the people getting married is a resident of Georgia, a marriage license can be issued at a probate court in any county. If neither person is a resident of Georgia, the license must be issued in the county where the ceremony is taking place.

Identification Requirements

Both parties must be present to obtain a marriage license and must provide valid proof of age. This can include a birth certificate, valid driver's license, valid passport, visa, armed forces identification card, or hospital admission card containing the full name and date of birth. If any of these documents are in a language other than English, they must be translated and notarized beforehand.

Previous Marriages

If either party has been married previously, they must provide proof that the previous marriage has been terminated. This can be in the form of a divorce decree or a death certificate.

Witnesses

At least two witnesses must be physically present for the entire ceremony and must be able to sign the marriage license afterward.

Consent

Each partner must consent to be married, for example, by saying "I do." The officiant must also make a declaration that the couple is legally wed.

Fees

There is a fee for the marriage license, which varies depending on the county but is generally around $50-60. There may also be a small filing fee. This fee can be decreased by taking a premarital education program.

Timing

There is no waiting period to get married in Georgia, and couples can usually receive their license on the same day they apply. The time period in which the wedding ceremony must take place after the license is issued varies depending on the county. The completed marriage license must be returned to the county where it was issued within 30 days after the wedding ceremony for the marriage to be valid.

Judge Availability: Can judges perform weddings outside of court hours?

Judge Availability

Judges in Georgia are able to perform weddings outside of court hours, but this is at the discretion of the judge and will require a written request. While weddings are usually held at the courthouse, judges may perform weddings at other locations.

In Cobb County, Georgia, wedding ceremonies are held seven days a week at 12 pm and 6 pm, including holidays. In Athens-Clarke County, weddings are performed by appointment at the courthouse at 9:30 am and 4 pm on Mondays and Fridays. The Magistrate Court does not perform weddings on county holidays.

Couples wishing to be married by a judge outside of court hours should contact the clerk of the Magistrate Court to make a request. This request must be in writing and can be submitted in person or by fax. The request should include a valid phone number and the names of both parties so that the court can contact them regarding their request. All wedding requests will be forwarded to the judges for consideration.

It is important to note that there may be additional costs associated with having a judge perform a wedding outside of court hours, as judges are prohibited from accepting any form of payment, gift, or compensation during normal business hours.

Location Constraints: Are there any restrictions on where a judge may officiate?

Judges in Georgia do not usually perform weddings at locations away from the courthouse. However, there are instances where judges have been known to officiate weddings outside of the courthouse.

In Cobb County, wedding ceremonies are held seven days a week at 12 pm and 6 pm, including holidays. The Cobb County Magistrate Court Public Safety Building is located at 32 Waddell Street, Marietta, GA 30090.

In Athens-Clarke County, judges of the Magistrate Court perform weddings for the public by appointment at the courthouse at 9:30 am and 4:00 pm on Mondays and Fridays. The court does not perform weddings on county holidays.

Couples wishing to be married by a judge in Georgia should contact the clerk of the Magistrate Court to inquire about the possibility of having their wedding officiated at a location other than the courthouse. Requests need to be made in writing and can be submitted in person or by fax. The request should include the names of the parties and a valid phone number so that the court can contact them regarding their request.

It is important to note that there may be additional restrictions or requirements for having a judge officiate a wedding outside of the courthouse, and these may vary by county. Therefore, it is advisable to contact the local Magistrate Court for specific information.

Costs and Fees: How much does it cost to have a judge officiate a wedding?

The cost of having a judge officiate a wedding varies depending on location and other factors. In Georgia, weddings performed at the courthouse during normal business hours are free of charge. State law prohibits judges from accepting any form of payment, gift, or compensation for performing weddings during normal business hours. However, if a couple requests a wedding away from the courthouse, they may need to submit a written request to the clerk of the Magistrate Court, and additional costs may apply.

On average, the cost of a wedding officiant in the United States ranges from $250 to $300, with most couples spending between $200 and $450. The final cost will depend on factors such as the officiant's experience, level of expertise, event guest count, date, and geographic region. Additional expenses, such as travel fees and rehearsal time, can also increase the overall cost.

It is worth noting that the type of officiant can also impact the cost. Religious officiants may not have a set fee but may expect a donation to cover expenses such as building upkeep or ceremony attendants. Secular officiants, who are not associated with any religion or institution, can charge anywhere from a few hundred dollars to $1,000 or more, depending on the services required. Civil weddings, which are typically presided over by a judge or other legally appointed representatives, may incur a fee for the marriage license (usually between $30 and $100) and an additional fee for the officiant if they are traveling off-site.

Ceremony Customization: To what extent can couples customize their wedding ceremony with a judge?

Couples wanting to get married in Georgia have a lot of flexibility when it comes to customizing their wedding ceremony, including the option of having a judge officiate their wedding. Here is an overview of the process and the extent to which couples can customize their ceremony with a judge.

Legal Requirements for Marriage in Georgia

Before delving into the specifics of ceremony customization, it is essential to understand the legal requirements for marriage in Georgia. According to Georgia law, certain criteria must be met for individuals to be eligible for marriage:

• Both parties must be at least 18 years old. In the case of a 17-year-old, proof of parental emancipation is required, and they cannot marry someone more than four years older.
• Both parties must be of sound mind.
• Neither party should have a living spouse from a previous undissolved marriage.
• The parties must not be related by blood or marriage within the prohibited degrees.

Additionally, there is no residency requirement in Georgia, meaning that individuals from out of state can also get married in the state. However, if both individuals are non-residents, they must obtain their marriage license in the county where the ceremony will take place.

Obtaining a Marriage License

To legally marry in Georgia, couples must obtain a marriage license from the county probate court. The process is relatively straightforward and can often be completed within the same day. Both parties need to be present, provide the necessary documents, and pay the license fee, which varies by county.

Role of a Judge in the Wedding Ceremony

Judges in Georgia are authorized to perform wedding ceremonies, but they typically do so at the courthouse during specified times and days. Some counties may offer additional flexibility, such as performing weddings away from the courthouse, but this is not a regular occurrence.

Extent of Ceremony Customization with a Judge

Now, to address the main question – to what extent can couples customize their wedding ceremony with a judge?

The good news is that Georgia law allows couples a fair amount of flexibility in customizing their wedding ceremony. While certain legal requirements must be met, such as the proclamation ("I do" portion) and the pronouncement (announcing the couple as married), the rest of the ceremony can be tailored to the couple's preferences.

Couples can bring their own vows or script for the ceremony, although this is subject to the judge's discretion. They can also decide on the attire, rings, and other ceremonial aspects that hold personal significance for them.

Additionally, judges in some counties, such as Athens-Clarke County, are provided with a Spanish-translated script for weddings where Spanish is requested. Interpreters are also allowed to be present during the ceremony, as the court does not provide interpretation services.

Other Important Considerations

It is worth noting that there is no charge for weddings performed by judges at the courthouse during normal business hours, as state law prohibits judges from accepting any form of payment, gift, or compensation during this time.

Furthermore, couples should be mindful of the number of guests they invite, as there may be limitations depending on the location. For example, the Athens-Clarke County Magistrate Court can accommodate up to 20 guests plus the couple.

In conclusion, couples in Georgia have a good deal of freedom when it comes to customizing their wedding ceremony with a judge. While certain legal requirements must be met, the overall structure and personal touches are left to the couple's discretion, making their special day truly their own.

Frequently asked questions