Are Gwinnett County Divorce Records Public?

Yes, in Gwinnett County and the rest of Georgia, divorce records are generally considered public records. The Georgia Open Records Act (O.C.G.A. § 50-18-70) permits record seekers to access divorce records unless the records have been sealed by a judge in court. However, anyone can access and copy basic divorce records and information. Sometimes, divorce records may be sealed by a court order or to protect the privacy of minors involved in the proceedings such as children. Information such as financial details, child custody arrangements, and social security information may also be restricted or redacted from public divorce records. Interested parties may access divorce records from their custodians in Gwinnett County, such as the Superior Court.

Who Can Access Gwinnett County Public Records?

Since divorce records in Georgia are public records, most people or entities may access them unless they are sealed from the public. In some cases, the type of access granted may differ depending on the type of divorce information the requester requires. Some options include:

• The divorced couple may access all parts of the divorce records, including the final decree, case details, child custody arrangements, child support/alimony details, and any other financial information. If the court sealed the record, they must prove their identity to access it.
• The lawyers and legal representatives of the divorced couple may access all parts of the divorce records on behalf of their clients. They will generally need to provide authorization from the couple or a court order to access the records.
• Immediate family members may access divorce records, but detailed information concerning custody and financial settlements may be restricted. With a court order or authorization from the couple, they may access the full divorce record. They may also be required to show a valid reason.
• The general public is permitted access to divorce records containing basic information such as the names of the divorcees, filing dates, and case numbers; they may also access the final decree unless it is sealed.
• Law enforcement and other government agencies may be able to access divorce records for official/legal purposes. Access to full divorce records will require the authority of the divorced couple.
• Researchers such as journalists can only access basic divorce records. Full records can only be obtained if they obtain a court order from a judge.

In summary, basic divorce records may be obtained by anyone while full divorce records can only be obtained by eligible parties or parties authorized by the couple or a court order. Eligible parties may be required to prove their eligibility by providing valid identification to prove their identity, written permission from the couple, or court orders.

Do I Need to State My Purpose and Use When Requesting Divorce Records in Gwinnett County?

Typically, requesters do not need to state a purpose for public Gwinnett County divorce records when requesting them. However, when requesting a sealed or restricted record, the requesters will require a court order, and the court may require a valid reason for the record before issuing the court order.

Various parties may have different reasons for requesting divorce records. These records may be needed to enforce child custody or financial obligations, for estate settlements, genealogical research, background checks by employers, and personal interest.

How do you Request Divorce Records in Gwinnett County?

Gwinnett County divorce records may be obtained from the Gwinnett County Clerk of Superior Court. Records seekers may obtain divorce records from the clerk of the superior court office during opening hours from Monday to Friday.

The request must be in writing and must provide enough information to locate the record, such as the following.

• The full names of both parties of the divorce
• The date and year of divorce
• A case number, if available

The written request can be submitted to the clerk of the superior in person or by mail to the office at:

Gwinnett Justice & Administration Center
Clerk of Courts
75 Langley Drive
P.O. Box 880
Lawrenceville, GA 30046

During in-person requests, requesters may be required to show valid identification. Interested persons may include copy fees and a self-addressed and stamped envelope for the return of records requested by mail. For any questions about the availability of records and copy fees, record seekers may call the clerk’s office at (770) 822-8100 before making their request.

Payment is accepted in checks or money orders during mailed requests, and cash is also accepted during in-person requests. Staff at the clerk’s office are also available for onsite help.

Divorce records can also be searched for online using the Gwinnett Courts Case Search Portal. Users will be required to register for an account to search for records on the portal.

On the state level, the Office of Vital Records can confirm a divorce record exists, but copies can only be obtained from the Clerk of the Superior Court.

What Information is Included in a Gwinnett County Divorce Record?

Information contained in Gwinnett County divorce records will include the following public information.

• The full names of the couple getting divorced
• The case number
• The initial filing date
• The date the divorce was finalized
• Some court rulings are public
• The final divorce decree(if not sealed by the judge)

In some cases, sections of the divorce record may be sealed or restricted from public view to protect privacy or sensitive information. Information that may be sealed includes the following.

• Any confidential settlement arrangements
• Information concerning minors, such as child custody information
• Bank account and tax information, plus other restricted financial details
• Social Security numbers and other information
• Records of protective orders may be restricted in certain cases

Fees for Accessing Gwinnett County Divorce Records

Copies of Gwinnett County divorce records will typically incur copy fees or search fees. Certified copies of the divorce record may also cost more than plain copies. Certified copies cost $2.50 for the first page and $1 for every additional page. Uncertified copies cost $1 per copy.

Fees can be paid in checks or money orders payable to the Clerk of the Superior Court included in mailed requests. Cash is also accepted during in-person requests at the clerk’s office.

Requesters who can prove financial hardship may request a waiver of copy fees by filling out and filing an Affidavit of Indigency(Pauper’s Affidavit) with the Gwinnett County Clerk of the Superior Court. The record request should be made after the affidavit has been filed and approved by the court. For more information about eligibility for fee waivers, interested parties may contact the clerk’s office at (770) 822-8100

How Long Does It Take to Obtain Divorce Records in Gwinnett County?

The time taken to obtain a Gwinnett County divorce record will differ based on the method of request. Records requested in person will usually be obtained on the same day. Mailed requests, on the other hand, may take anything from a few working days to a few weeks, depending on the size or complexity of the request. The larger and more complex the request, the longer it may take to obtain the record. For more information on processing times and expedited services, requesters may call the clerk’s office at (770) 822-8100

Can I Request Divorce Records Online in Gwinnett County?

Record seekers may view Gwinnett County divorce records online using the Gwinnett Courts Case Search Portal. This portal allows record seekers to create an account and look up court records in the custody of the Gwinnett County superior courts including divorce records.

Gwinnett County divorce records may also be available online from various third-party websites such as Georgiacourtrecords.us. These records sites provide an alternative option to looking up records online without visiting the Superior Court. It should be noted that third-party websites have no government affiliation so the accuracy of records on them cannot be verified.

Are There Any Exceptions to Accessing Gwinnett County Divorce Records?

Sometimes, a Gwinnett County divorce record may be restricted from public access partially or entirely. Examples of times when a court may restrict or seal a divorce record include the following.

• The divorce involved domestic violence, and there were concerns for the safety of one of the parties due to stalking, personal attacks, or harassment.
• The records of the divorce contained confidential financial or business information that was sealed to protect trade secrets or specific assets.
• The record was sealed to protect children or minors from abuse or sensitive custody matters.
• The couple may request the court seal the record for personal reasons. The court will review the request and approve or deny it.

Once sealed only the divorce parties, their attorneys, or legal representatives may request and access the record. Any other person who requests the record must obtain a court order to access the record.