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What is the status of the probate case? Was it filed in the first place? Was it dismissed, or were you determined not to have been married?
No to all of the questions above. My husband and I applied for a marriage certificate in Georgia, the marriage was performed and the
certificate should have been retirned to the probate office, but has just been discovered. Will the marriage certificate be accepted at this date. The marriage was performed June 8, 2012.
Thank you. Section 19-3-30 of the Georgia Code governs what happens in the situation where the completed license is not returned within 30 days of the date of marriage:
Section 19-3-30(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose.
So in short, there would need to be some affidavits showing that this occurred, and then submit them to the clerk.
Should the affidavits be simple statements that the parties were present? Should their signatures be notarized?
Yes, they should say their name, relationship, the date and place of the marriage ceremony, and the name of the official or minister performing the ceremony.
They should be notarized.
Thank you! You have been most helpful!
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