Georgia Divorce Records

Divorce in Georgia follows a structured legal process, depending on whether it is contested or uncontested. Divorces are registered through the Superior Court of the county where the petitioner or respondent resides. Georgia requires at least one spouse to have lived in the state for six months before filing. The state recognizes both no-fault (irretrievable breakdown) and fault-based grounds (adultery, desertion, mental incapacitation, and others) for divorce.

Divorce records in Georgia, including decrees, are generally public. They can be accessed in person or online in some counties, providing transparency and maintaining public records. As of 2022, divorce rates in the state were lower than in the United States. The state recorded 2.1 divorces per 1,000 residents, while the national average was 6.2 divorces per 1,000 residents.

What are Divorce Records?

Georgia divorce records are documents detailing the formalization of the dissolution of a marriage legitimized in Georgia. More precisely, it describes documents relating to a divorce certified in Georgia, such as divorce certificates, divorce decrees, and divorce court records.

Georgia divorce records are maintained for several purposes. They serve as legal documentation for both the government and the divorced parties. They are also proof of status for divorced persons who may need to submit evidence during specific types of applications. In addition, Georgia divorce records provide statistical information, allowing researchers and the government to analyze trends in marriage and divorce rates.

Georgia divorce records can be created via several channels, such as when a party files a petition for divorce in Georgia courts. Court proceedings and final judgment in the form of a final divorce decree all make up a Georgia divorce record. The final decree often includes court determinations on asset division, child custody, alimony, and child support.

Although the Georgia Department of Public Health's Office of Vital Statistics can confirm divorces, copies of Georgia divorce records are maintained by the clerk of the superior court in the county where the divorce was granted. These records generally include the following information:

The full names of the parties involved in the divorce
The address of the parties involved in the divorce
The date on which the marriage occurred
The date when the divorce was finalized
Grounds for the divorce
Details about the settlement, such as alimony, property division, child custody, and child support arrangements
The court in which the case was filed
The court-assigned number for tracking and reference

Are Divorce Records Public in Georgia?

Per Georgia public record laws, divorce records are public documents in the state; hence, members of the public can make requests for them. However, there are certain exceptions to this rule. The initial divorce petition and final divorce decrees are usually open for public access. Such documents provide basic information, such as the parties' names, the petition filing date, and the reasons for the dissolution. Also, motions filed by either party to the divorce and court-issued orders, such as temporary support, property division orders, and custody arrangements, are usually available to the public. Final disclosures, often required to determine asset division and alimony, may be included in public records. In some cases, financial disclosures may be subject to specific privacy protections.

Georgia makes specific considerations to protect the privacy of its people. Therefore, highly sensitive information contained in divorce records, such as financial data, is typically unavailable to the public. Asset valuations, income statements, debt records, and business interests are usually inaccessible to the public. Georgia courts may choose to seal financial data disclosure if it could lead to fraud, identity fraud, and other financial harms. Also, to protect children, Georgia courts may seal information about minors and their living arrangements.

Georgia divorce records can be accessed via in-person requests and online means. Some third-party sites may also provide access to divorce records in Georgia.

Divorce Stats and Rates in Georgia

According to the National Center for Health Statistics, Georgia recorded one of the lowest divorce rates for states in the United States in 2022, with 2.1 divorces per 1,000 persons. Between 2017 and 2022, the 1.9 divorces per 1,000 residents recorded in 2020 was the least. In that period, the highest rate occurred in 2017, with 3.5 divorces per 1,000 residents.

According to the National Statistics Office of Georgia, divorces are most common during the early and late years of marriage, with fewer divorces occurring in the intermediate years. In both 2018 and 2019, the highest divorce rates were observed within the first four years of marriage. Divorce rates declined for marriages lasting 5–9, 10–14, and 15–19 years. However, divorces for marriages exceeding 20 years were nearly as frequent as those in the 10–14-year category.

Recent data also highlight a changing attitude towards marriage among younger generations. In 2018 and 2019, individuals aged 20–24 had the second-lowest divorce rates, while the number of divorces among those over 60 was 10% higher.

Grounds for Divorce in Georgia

Per divorce regulations, Georgia is not a no-fault state. Per Section 19-5-3 of the Georgia Code, A party can obtain a divorce decree if one of 13 permissible grounds for divorce in the state applies in their case. The permissible grounds for divorce in Georgia include:

Drug addiction
Infidelity
Desertion
No-fault or the marriage has irretrievably broken down
Incurable mental illness
Pregnancy conceived by another man on the wedding date
Fraud, force, duress, or menace used to make one spouse agree to the marriage
Illegal intermarriage with a close relative
Cruel treatment
Jail time of a minimum of two years or crime of moral turpitude
Impotence on the wedding date
Mental incapacity on the wedding date
Frequent and chronic alcohol intoxication

How to File for Divorce in Georgia

One or both parties must fulfill residency requirements prior to filing for a divorce in Georgia. Per Section 19.5.2 of the Georgia Code, one of the parties must have resided in Georgia for at least six months before the petition filing date.

Prepare Agreements: Both parties prepare a mutual agreement on child custody, support, and division of assets and liabilities following court guidelines available from the clerk of courts. This step is not required for a contested divorce, which occurs when parties disagree on the grounds for divorce or other matters like child support, child custody, and divorce settlement.

File Court Papers: You (the petitioner) must complete appropriate court forms and submit other required documents to the clerk of courts.
Service of Process: Even if the divorce is uncontested, you must serve the other party with copies of the filed documents.
Get a Hearing Date: After filing and serving documents, you must contact the Clerk of Superior Court to set a hearing date.
Hearing: You and your spouse appear in court. The judge reviews submitted documents and any additional information before issuing a divorce decree.

Georgia Divorce Decree

Georgia's divorce decree is a legal document outlining the terms of a divorce finalized in Georgia. It is issued by the presiding judge over the case in the Georgia Superior Court, where the case was filed upon reviewing all submitted paperwork, additional information, and testimony. A Georgia divorce decree includes comprehensive information about the divorce, including the division of assets and property, child custody, spousal support, alimony amounts, and visitation arrangements. The decree is the final judgment in the divorce matter and is legally binding on both parties.

Georgia divorce decrees are maintained by the clerk of the superior court in which the case was finalized. In some counties in the state, the courts provide online access, allowing members of the public to access divorce decrees as part of divorce records maintained by the courts. However, you may visit the courthouse in other jurisdictions to make in-person requests.

How to Find and Access Georgia Divorce Records

On the state level, the Office of Vital Statistics in Georgia's Department of Public Health only confirms divorces but does not make divorce records available. Any requests for divorce records in the state must go through the superior court. Divorce records from the superior courts can be viewed or obtained via offline access or online access.

Offline Access

To access divorce records from Georgia superior courts offline, you must visit the office of the clerk of the superior court in the county where the divorce was finalized to make a request. Note that fees and specific requirements may apply to obtain this record. Hence, it is recommended that you contact the clerk's office ahead of time in order to gather all required items before your visit.

Online Access

Some superior courts in Georgia may offer online access to divorce records via their case management systems, which are typically available on the county website. To find out if a superior court provides online access to its court records, visit the website of the county in which the court is located. Alternatively, you can use the Georgia Judicial Gateway portal to view case information for unsealed divorce records. The portal provides online access to court records of the Georgia judiciary.

Furthermore, some third-party websites offer access to Georgia divorce records. However, as these sites are neither owned nor maintained by the Georgia government, some divorce records may be unavailable, and the validity of available divorce records on such sites cannot be guaranteed.

References

Counties in Georgia

List of Content

What are Divorce Records?
Are Divorce Records Public in Georgia?
Divorce Stats and Rates in Georgia
Grounds for Divorce in Georgia
How to File for Divorce in Georgia
1. Georgia Divorce Decree
How to Find and Access Georgia Divorce Records
1. Offline Access
2. Online Access