Getting Married in Georgia: Legal Requirements and Considerations

In Georgia, both parties must appear in person at a probate court in any county to apply for a marriage license. You'll need to bring valid ID (driver's license, birth certificate, or passport), proof of age (must be 18+ or have parental consent if 16-17), and pay the license fee (approximately $56, though this varies by county). The fee may be reduced if you complete premarital counseling. There is no waiting period in Georgia, and the license is valid for 6 months after issuance.

While optional, a prenuptial agreement can protect individual assets and establish financial responsibilities in case of divorce. In Georgia, prenups must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure. For the agreement to be enforceable, both parties should have independent legal counsel, and the agreement should be signed well before the wedding (ideally at least 30 days prior) to avoid claims of coercion.

Marriage automatically changes certain inheritance rights in Georgia. After marriage, your spouse will have rights to a portion of your estate even without a will. Creating or updating your will ensures your assets are distributed according to your wishes. In Georgia, a valid will must be in writing, signed by the testator (person making the will), and witnessed by at least two competent witnesses who sign in the presence of the testator and each other.

This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Georgia, this is part of the Advance Directive for Health Care form. The document must be signed by you and witnessed by two adults who are not named as your healthcare agent. Notarization is not required but is recommended. Provide copies to your healthcare providers and keep the original in a safe, accessible place.

This document authorizes your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Georgia, a durable power of attorney must be in writing, signed by you, and witnessed by two adults. It must also be notarized. The document should clearly state that it remains in effect if you become incapacitated. Consider consulting with an attorney to ensure it covers all necessary powers.

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Georgia. Contact each financial institution for their specific beneficiary update forms. Keep copies of all submitted forms and confirmation receipts for your records.

If either spouse wishes to change their name after marriage, the marriage certificate serves as legal proof for this change in Georgia. To update your name, you'll need to notify the Social Security Administration first (using Form SS-5), then update your driver's license at the Georgia Department of Driver Services, and finally update other documents and accounts. There is no separate court filing required for a marriage-related name change in Georgia.

While not legally required, many couples choose to establish joint bank accounts after marriage. In Georgia, both spouses will need to be present at the financial institution with valid identification. Consider discussing which accounts to combine and which to keep separate, as Georgia is not a community property state but follows equitable distribution laws in case of divorce.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In Georgia, you typically have 30-60 days after your wedding to make these changes. Contact your health insurance provider or employer's HR department for specific forms and requirements. Be prepared to provide a copy of your marriage certificate.

Marriage affects your tax filing status. You'll need to decide whether to file jointly or separately for both federal and Georgia state taxes. If you're married as of December 31, you're considered married for the entire tax year. Update your W-4 with your employer to adjust tax withholding if necessary. Consider consulting with a tax professional to determine the most advantageous filing status for your situation.

For real estate and vehicles, consider whether you want to add your spouse to the title. In Georgia, property acquired during marriage may be subject to equitable division in divorce, regardless of whose name is on the title. However, adding a spouse to a deed or title can affect ownership rights and liability. Consult with an attorney before making these changes, especially for property owned before marriage.

If either spouse is relocating, update your address with the USPS, creditors, financial institutions, insurance companies, and government agencies. In Georgia, marriage doesn't automatically make you responsible for your spouse's pre-existing debts, but debts incurred during marriage for family necessities may create joint liability.