What are Georgia Divorce Records?

Georgia's divorce records prove that a divorce was finalized between two parties in a competent court. In Georgia, there are 8.1 divorces per 1,000 women above 15. According to the 2010 Georgia Code § 19–5–3, couples may file for divorce under different grounds. These include:

• Mental illness
• Impotence
• Pregnancy of the wife by another man during a marriage
• Adultery
• Incest
• Willful desertion
• Incurable insanity
• Spouse's lack of mental capacity to consent
• Inhuman treatment that endangers the life of the spouse
• Alcoholism or drug addiction
• Habitual drunkenness
• Imprisonment/conviction for over two years for a crime that involves moral turpitude
• Marriage consent was obtained under duress, by force, or fraud

Marriages in Georgia may end in three possible ways. Which are:

• Dissolution of marriage
• Annulment
• Divorce

An annulment may be filed if any parties in the marriage believe the marriage should not have occurred in the first instance. In essence, the said marriage should not have been contracted in the light of the prevailing law. Common reasons that support annulment are bigamy, incest, and instances where one of the parties was not up to the legal age of marriage. A dissolution of marriage and divorce may only be filed to end a legally contracted marriage.

Divorces may be contested or uncontested. An uncontested divorce is the quickest form of divorce. In this case, the parties would decide how family assets and responsibilities will be divided, taking cognizance of salient issues such as alimony, child support, name change, etc. Once these have been agreed upon and the requisite Divorce Agreement has been signed, the court may finalize the divorce. This usually takes about 31 days.

A contested divorce occurs if both parties cannot agree on one or more issues. In such instances, the parties must opt for litigation to ensure the divorce is settled fairly. This divorce usually takes over six months and costs a lot, especially when hiring attorneys. Irrespective of how a marriage ends, the Clerk of Superior Court maintains the termination records.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. In many cases, these records are unavailable through government sources or third-party public record websites.

Are Divorce Records Public in Georgia?

Georgia divorce records are public records under the Georgia Open Records Act. This means that interested members of the public with sufficient information can request the records and search for them. This statute applies to all types of divorce records in the state that a competent court did not seal.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

What are the types of Divorce Records available in Georgia?

The State of Georgia has three types of divorce records, which are:

• Divorce decrees
• Divorce case files
• Divorce verification

A divorce decree is a document that contains the final judgment of a divorce. It also contains the terms of settlement of the divorce, including issues such as alimony, asset division, child support, visitation, and other information. This record is maintained by the Clerk of the county's Superior Court, where the divorce was finalized.

Divorce case files, on the other hand, contain details of the divorce proceedings, including the divorce petition, motions, summons, papers, and every other document used in the litigation. This record is vital for any of the divorce parties who seek to challenge the final judgment of the divorce.

Divorce verification is a document that proves a competent court has legally divorced two people. It contains the parties' names, the date the divorce was granted, and where it was granted. The State Office of Vital Records maintains divorce verifications.

How Do I Get Divorce Records in Georgia?

The means of obtaining a divorce record depends mainly on the record type under consideration. It also varies according to the county involved. Records that are maintained at the state level are typically accessible:

• By mail
• In-person

The only divorce record maintained at the state level is divorce verification. The Vital Records Office of the Georgia Department of Public Health handles divorce verifications for divorces that occurred between June 1952 and August 1996. However, for divorces outside of this time frame, the divorce verification may only be obtained from the Clerk of the Superior Court of the particular county where the divorce was finalized.

To obtain a divorce verification from the State Office of Vital Records, complete the Request for Search of Divorce Verification form. The State Office of Vital Records charges $10 for each certified copy of a divorce verification and $5 for each additional copy.

Acceptable payment options are money orders or certified checks payable to the State Office of Vital Records. In-person requests may also explore other payment options such as MasterCard, Visa, cash, or debit card.

For mail requests, forward the completed Request for Search of Divorce Verification form, a copy, or a government, employer, or school-issued photo ID, with the means of payment to:

State Office of Vital Records
1680 Phoenix Boulevard, Suite 100
Atlanta, GA 30349

The request will be processed within eight to ten weeks. For in-person requests, visit the State Office of Vital Records or any County Vital Records Office with the completed request form, photo ID, and applicable fee. In-person requests have a faster response time; a divorce verification can be processed the same day. Here is a list of different County Offices across the state.

To obtain a divorce decree or divorce case files, visit the Clerk of Superior Court office of the county where the divorce was granted. The requirements and fees are not the same across all counties.

While divorce and marriage records may be searched through government sources and organizations, their availability cannot be guaranteed. The same is true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further.

Also, note that marriage and divorce records are considered extremely private due to the information they contain, which is often sealed. Hence, these factors determine the availability of any marriage or divorce record.

Who Can Obtain Divorce Records in Georgia?

Georgia divorce records are public records. As such, they may be obtained by almost any interested member of the public. However, applicants may need to present a valid form of identification.

The exact form of identification applies when requesting a divorce decree or divorce case files at the county level. Nonetheless, some counties may not precisely ask for any of these.

Are Georgia Divorce Records available online?

There is no central portal at the state level for requesting a divorce record in Georgia. However, the State Office of Vital Records has a website where the Request for Search of Divorce Verification form can be downloaded. This form should be printed and submitted in person or by mail.

Divorce decrees and divorce case files are generally maintained at the county level. As such, there is no central online repository where such records may be obtained. Large counties like Fulton County have an online portal requesting other vital records like birth, death, and marriage certificates. Still, divorce decrees and divorce case files may not be requested online through the portal.

How Do I Seal My Divorce Records in Georgia?

Georgia's divorce records are public records that are generally accessible to the general public. As such, sealing of divorce records is uncommon. However, judges have broad discretion when such requests are raised during divorce proceedings.

The court has to compare the privacy interests of the parties involved in the divorce and the interests of the general public to access the records as stipulated by law. If the court deems it fit that the harm such a record will inflict on the parties if made public outweighs the public interest, then the judge may order certain parts of the divorce records to be sealed.

Instances where a court could order a divorce record to be sealed include case files that involve the sexual abuse of a minor, as stipulated in the 2014 Georgia Code § 15–11–701. The court may also seal a record to protect business proprietary information. In any case, the parties' attorneys are to make the court's demands. If the party is appearing pro se, then the party may make the direct demand.