parents help: My parents were married in Georgia in 1943 by a justice of the peace. - Help.com

My parents were married in Georgia in 1943 by a justice of the peace.

Dad was 17 but recorded his age as 18.

What was the minimum age for a marriage license without a parent’s signature in Georgia in 1943? If it was 18, does that make their marriage license void? Do they have a common-law marriage? They’ve been married for 63 years and had 5 children.

We’re having a family reunion soon. This might be interesting information for my siblings.

Evonne

This open post was written 5 years, 9 months ago | V/U/S: 302, 2, 1 | Edit Post | Leave a reply | Report Post


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Qzzzz offline Verified User (5 years, 6 months) Long Term User Shouts: 1 #
Montpelier, MS, US | 5 years, 9 months ago (2 hours, 13 minutes after post)

They are officially married.

Common-Law Marriage States
State Requirements
Alabama Capacity
An agreement to be husband and wife
Consummation of the marital relationship
Alaska NO LONGER RECOGNIZED
Recognized from March 7, 1939-December 31 1963
American Samoa Submitted to the chief counsel if alleged
Colorado Established by proving cohabitation and a reputation of being married
District of Columbia An express, present intent to be married
Cohabitation
Florida NO LONGER RECOGNIZED
Recognized before January 2, 1968
Georgia NO LONGER RECOGNIZED
Recognized only if concluded prior to January 1, 1997

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C.M.Theisen offline Verified User (5 years, 9 months) Long Term User Shouts: 1 #
Providence, RI, US | 5 years, 9 months ago (2 hours, 26 minutes after post)

Are you sure you want to drop this kind of bombshell?

Anyhow, current law says that the minimum age for marriage is 18. However, anyone who is 16 or 17 years old, can still apply for a marriage license if accompanied by both parents who have given written consent. Since your dad registered an incorrect age, it sounds to me as if the law was the same back in 1943 and he was trying to get around the requirement for having both parents present. The only other loophole he could have exploited would have been to claim that the bride was pregnant. Parental approval would not be required, but a Georgia licensed physician would have had to certify that the bride was pregnant.

Anyhow, the good news is that Georgia does recognize any common law marriage that was started prior to January 1, 1997.

You don’t say what city or county your parents were married in. If you want a diffinitive answer about laws back in 1943, you need to contact the county clerk or local marriage license office.

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