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Georgia Divorce Records.

Georgia Divorce Records Search

State-Level Resources

The Georgia Department of Public Health manages divorce records at a broader scale, but only in the shape of divorce verifications for divorces that took place between June 1952 and August 1996. These verifications are obtainable by completing the Request for Search of Divorce Verification form. The fee is $10 for every certified copy and $5 for each duplicate.

For divorces beyond this period, the Georgia State Archives proves to be a helpful asset. While they don’t possess actual divorce documents, they maintain a statewide divorce index spanning 1965-1971 and 1973-1999 on microfiche. This index can assist in identifying which county recorded the divorce, an essential detail for further digging.

Understand that under O.C.G.A. § 31-10-25, divorce records are classified as public files in Georgia. Still, access could be restricted if the court sealed them.

County-Level Resources

Fulton County

The Fulton County Superior Court Clerk’s Office manages divorce records for the county. They offer both physical and online options for accessing records. Divorces might be contested, uncontested, or even by publication, and the method determines the legal filings necessary for processing.

Cobb County

Divorce records in Cobb County are available through the Cobb County Clerk of Superior Court. They provide an online search platform for public access to court documents, including divorce files.

DeKalb County

The DeKalb County Clerk of Superior Court handles divorce records for the county. They instituted mandatory eFiling from January 1, 2017, and went entirely digital by January 1, 2018. This system offers real-time access to file-stamped copies and online monitoring of submissions.

Gwinnett County

Gwinnett County Courts supply a public portal for searching court records, including divorce records. Starting March 3, 2023, users must register to utilize this portal, but the registration is free and relatively swift.

Clayton County

Clayton County Superior Court maintains divorce records for its jurisdiction. Although they lack an online search tool, records can be requested in person or via mail.

Online Search Options

Third-Party Websites

Several third-party sites offer Georgia divorce record lookups. It’s important to verify these platforms’ credibility, understanding that the data they provide may not always match the accuracy or recency of official sources.

County-Specific Online Portals

Various counties in Georgia have adopted online portals for court record searches, often including divorce records. These platforms vary in capability, so it’s wise to check the specific county’s Superior Court website for accessible online services.

In-Person Record Retrieval

Heading to the county courthouse where the divorce was filed remains the most straightforward method for obtaining divorce records. Most Superior Courts in Georgia offer public access stations where you can search for and view these records.

Requesting Records by Mail

To request divorce records through the mail, you typically need to send a written request to the Clerk of Superior Court in the county where the divorce was finalized. It helps to include as many details as possible, such as the parties’ names, the divorce date, and the case number if known.

Types of Divorce Records Available

Divorce Decrees

A divorce decree represents the final ruling in a divorce case, outlining property division, alimony, child custody, and support. These are generally accessible from the Superior Court that finalized the divorce.

Divorce Case Files

Complete divorce case files include all documents filed during the divorce proceedings. These are more comprehensive but could be more challenging to access due to privacy rules.

Divorce Verifications

Divorce verifications are simple documents confirming that a divorce happened. These can be obtained from the Georgia Department of Public Health for divorces occurring between 1952 and 1996.

How to Conduct a Thorough Divorce Record Search

  1. Gather all known details about the divorce, such as names, dates, and potential counties.
  2. Check state resources for divorce verifications or indexes.
  3. Get in touch with or visit the Superior Court in the relevant county.
  4. Explore online search portals if available.
  5. Consider using third-party search services only as a fallback.

Keep in mind that under O.C.G.A. § 19-5-10, divorce proceedings may be filed in the county where the defendant lives if they are a Georgia resident. If the defendant isn’t from Georgia, the case can be filed in the plaintiff’s county.

What are Georgia Divorce Records?

Georgia divorce records are formal documents that show the legal ending of a marriage within the state. These records are kept by different government bodies, mainly the Georgia Department of Public Health and specific county Superior Courts. The role of these records goes beyond basic documentation; they act as key legal instruments that verify the cessation of marital duties and rights.

Traditionally, Georgia started formally tracking divorces during the mid-20th century. Before 1952, divorce files were mostly stored at the county level. The Georgia State Archives houses a statewide divorce index covering 1965-1971 and 1973-1999, which represented a significant shift towards more centralized record-keeping. This development in record-keeping mirrors the state’s acknowledgment of the need for precise and reachable divorce documentation.

Types of Georgia Divorce Records

Divorce Decrees

A divorce decree is the court’s final ruling that lawfully ends a marriage. In Georgia, these decrees are thorough documents that detail the terms of the split, covering property splits, alimony, child custody, and support plans. These decrees are usually filed with the Clerk of Superior Court in the county where the divorce happened.

Divorce Certificates

Divorce certificates are brief documents that provide key details about a divorce, like the parties’ names and the date and place of the split. In Georgia, these are often referred to as divorce verifications and can be obtained from the Department of Public Health for divorces occurring between June 1952 and August 1996.

Divorce Case Files

Divorce case files hold every document submitted to the court throughout the divorce process. This can include the initial petition, financial statements, custody agreements, and other important legal paperwork. Case files offer the most complete account of a divorce but are usually only accessible through the county Superior Court where the divorce was filed.

Information Contained in Georgia Divorce Records

Georgia divorce records generally hold an abundance of information about the individuals involved and the conditions surrounding their split. Such information can include:

  • Full names of both spouses
  • Date and place of their marriage
  • Date they separated
  • Date of divorce completion
  • Reason for the divorce
  • Property division details
  • Alimony terms
  • Child custody and support arrangements
  • Names and birthdates of any children involved

Note that the amount of detail might change based on the type of record and the specific case. Divorce decrees and case files generally include more detailed information than divorce certificates or verifications.

Legal Framework for Georgia Divorce Records

The rules surrounding divorce records in Georgia are dictated by various state laws and guidelines. The Georgia Open Records Act, stated in O.C.G.A. § 50-18-70, lays out the principle that public records, including divorce files, should be open to the public.

This transparency, though, is weighed against privacy matters. O.C.G.A. § 31-10-25 specifically addresses vital records, including divorces, and outlines the conditions for accessing and releasing these files.

Further, O.C.G.A. § 19-5-10 oversees where divorce cases can be filed in Georgia, which indirectly affects where divorce files are stored and maintained.

Public Access to Georgia Divorce Records

Generally, divorce records in Georgia are seen as public files, open to anyone who seeks them. This follows the state’s dedication to transparency in legal matters. Still, there are crucial exceptions and restrictions to this general openness.

Courts may seal some divorce records or parts of them if they contain private details that could harm the people involved if made public. This might involve sensitive information like domestic abuse, finances, or issues related to children. The decision to seal records is handled case by case and needs a court order.

It’s also worth mentioning that even though the records themselves are public, the process for retrieving them can differ based on the holding agency and the specific type of record being requested. Some may need in-person visits, while others could be accessed through online portals or mail requests.

Importance and Uses of Divorce Records

Divorce records play several key roles besides their primary function as legal documentation. They are necessary for:

  1. Legal matters: Proving marital status for remarriage, name changes, or legal issues.
  2. Family history research: Giving crucial details for genealogists and family historians.
  3. Statistical purposes: Helping researchers and officials study divorce patterns and social behaviors.
  4. Financial dealings: Verifying settlements for taxes or property-related transactions.

The Georgia Department of Public Health uses collective divorce data to generate reports that help shape public health policies and plan social services.

Procedures Related to Divorce Records in Georgia

The process of creating and maintaining divorce records in Georgia follows specific rules. When a divorce is filed, the petitioner submits the needed paperwork to the Superior Court in the right county. As the case progresses, additional documents get added to the file.

When the divorce is finalized, the court releases a decree, which becomes part of the official record. The court then reports the divorce to the Georgia Department of Public Health, which keeps a statewide index of divorces.

Changing divorce records is possible but usually needs a court order. Common reasons for amendments include fixing mistakes or updating information after post-divorce legal actions.

Privacy Considerations

Although Georgia divorce records are largely public, certain steps are in place to safeguard private data. Courts can remove specific details from public records, such as Social Security numbers, financial accounts, or anything that might endanger domestic violence victims.

The Georgia Superior Court Clerks’ Cooperative Authority offers guidelines for hiding sensitive information from court records, including divorce documents, to maintain a balance between public access and privacy.

Georgia Divorce Statistics

Based on data from the Georgia Department of Public Health, Georgia’s divorce rate has been decreasing recently, reflecting national trends. In 2019, the state saw around 3.2 divorces per 1,000 people.

Elements affecting divorce rates in Georgia include:

  • Financial situations
  • Age at first marriage
  • Educational background
  • Cultural and religious values

These statistics, pulled from divorce files, offer valuable insights for sociologists, lawmakers, and public health experts.

Comparison with Other States’ Divorce Records

Georgia’s system for handling divorce records resembles many other states regarding public access. However, there are notable differences:

  • Record centralization: Unlike some states with fully centralized systems, Georgia stores records at both state and county levels.
  • Historical records: Georgia’s statewide index from 1965 is more extensive than in some states but less so compared to others with records from the 19th century.
  • Online access: Georgia’s online divorce record access differs by county, while some states offer more uniform statewide portals.

FAQ

  1. How long does it take to obtain divorce records in Georgia? Processing times differ by county and request method. In-person requests may be filled on the same day, whereas mail requests might take weeks.

  2. What details are needed to request divorce records? You usually need the full names of both parties, the divorce date, and the county where it was filed. A case number, if available, can be helpful.

  3. Can I get divorce records for another person? Generally, yes. Divorce records are public in Georgia unless sealed by a court.

  4. How much does it cost to get divorce records in Georgia? Costs vary by county and record type. State-level verifications are $10 for the first copy and $5 for each extra copy.

  5. Are Georgia divorce records public? Most are, per O.C.G.A. § 50-18-70, the Georgia Open Records Act, though some may be sealed for privacy.

  6. Can I search for divorce records online in Georgia? Many counties have online search options, but availability and functionality differ.

  7. What’s the difference between a divorce decree and a divorce certificate? A divorce decree is the court’s final ruling outlining the terms of the divorce, while a divorce certificate simply verifies that the divorce occurred.

  8. How far back do Georgia divorce records go? State-level records began in 1952, though some counties may hold older records.

  9. Can I request expedited service for divorce records? Some counties offer expedited services for a fee. Check with the specific court for options.

  10. What if I don’t know which county the divorce was filed in? You can use the statewide divorce index at the Georgia State Archives to determine the filing county for divorces between 1965-1999.