Are Georgia Divorce Records Public?
Yes, divorce records in Georgia are public records under the O.C.G.A. § 31-10-25 (a) and (f). As a result, any interested person can request these records from a custodian: the Clerk of the Superior Court serving the county where a divorce case was finalized.
Visiting or otherwise contacting the Superior Court Clerk in the Superior Court of the county where the divorce was filed is the primary method to gain access to a Georgia divorce record. If a requesting party desires to confirm that a divorce has taken place, The Georgia Office of Vital Records within the Georgia Department of Public Health can search for this as long as the divorce happened between June 1952 and August 1996.
Verifications of divorces before 1952 and after 1996 must be accessed from the Clerk of Superior Court in the particular county where the divorce transpired. The clerk of court is responsible for executing searches for both in-person and alone requests for divorce records. The superior court of the county where the divorce was filed is where actual copies of the divorce record can be found. Additionally, be sure to note that it is not possible to request a divorce verification by email or by telephone. According to Georgia law, all vital record search requests must be physically signed and submitted.
How to Find a Divorce Record in Georgia
Divorce can be defined as the reversal, annulment, or dissolution of marriage. The divorce process begins when a spouse files a divorce petition in the appropriate divorce court and serves original divorce papers on their partner. In Georgia, only citizens can file for a divorce in the state courts. This divorce can be contested or uncontested. Regardless, every divorce filed in Georgia is officially concluded when a judge signs the divorce decree.
Divorce records are considered court records. They may, therefore, be searched using court platforms, court terminals, and some third-party public record websites. Divorce or dissolution of marriage records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce records, certificates, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
Georgia Divorce Certificates
A divorce certificate states the names of the divorced parties and where/when the divorce was finalized. Divorce certificates generally do not carry the details of any divorce. These details are only spelled out in the divorce agreement or decree. The state issues the divorce certificate after the conclusion of the divorce process, which starts with filing the divorce papers and ends with the signing of the divorce decree. General facts on a Georgia divorce record can be checked by requesting a divorce verification. It is commonly solicited when one of the parties desires to change the name that exists on their driver's license or order a marriage certificate. Normally, this type of record is only accessible by the two parties who were divorced and by the lawyers who supervised the court proceedings, although some states allow the public to view these records.
Understanding Georgia Divorce Decrees
Like a divorce certificate, this type of record is typically only available to the two people who were divorced and their attorneys. A divorce decree is the court's judgment concerning a marriage dissolution case. It comprises all the terms of the divorce, including custody details, property issuance, spousal payments such as child support and alimony amounts, and scheduling. The decree is signed by the judge who managed the case and should include a court case number. Individuals can access divorce decrees online in some Georgia counties.
Understanding Georgia Divorce Record?
A divorce or dissolution of marriage record holds the most information out of the three types of documents. Oftentimes, attorneys recommend that divorced parties keep these records when issued to them. Parties will use these records when challenging the terms or decisions contained in the record. A divorce record functions as the case file that contains information from both the divorce certificate and the divorce decree, as well as all other divorce documents created from the divorce court process. Divorce records can be requested and obtained similarly to other public records. However, a certified copy can only be obtained by one of the involved parties.
How to Find Out if Someone is Divorced in Georgia for Free
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
How to Find Georgia Divorce Records
For a Georgia citizen to find and obtain a divorce record, certain parameters must be obeyed.
Check to see if the sought-after record is one that took place between June 1952 and Aug 1996. Records in this period can be reported by the Georgia Office of Vital Records.
If the record was created in that time period, the interested party must fill out a divorce verification request and provide the Georgia Office of Vital Records with a valid photo ID (photocopy or presented in person.)
A search fee of $10 can be charged. These requests may be made in person or by mail after collecting the appropriate forms from the court or the court’s website. Response time can take between 8 and 10 weeks if the request is made by mail.
If the divorce took place outside of this time period, the search must begin with the Clerk of the Superior Court in the county where the divorce was filed and/or finalized.
Follow instructions on the website for the superior court, or visit or call them at the addresses provided online. Follow the given instructions, make sure divorce record request forms are filled out fully and legibly, and be sure to include any requested fees to expedite a record search and retrieval.
How to Find Out if Someone is Divorced in Georgia
Government public record search portals and third-party public record websites may provide online search tools that can be used to search divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
Similarly to some other states, Georgia does not have a central database for managing and obtaining divorce records. Although a number of Georgia state counties possess online portals to search for these records within that particular county, it still may be necessary to visit the county clerk in the county where the divorce happened.
What Do I Need to Get a Georgia Divorce Record?
A person requesting a divorce record must provide a completed and signed request form as well as a photocopy of a valid photo ID, which can be one of the following:
- Georgia driver’s license, driver’s license issued by another U.S. State, or territory
- Georgia Identification card unexpired or expired for not more than one year
- A new Georgia weapons carry license
- A U.S. Passport or foreign passport
- A U.S. Veterans Identification or Military Identification
- A Consulate Card
- A debit card with a photo
- An employer ID card
- A school, University, or college ID card
- DMV ID card
- Department of Corrections ID card
Georgia Divorce Record Request by Mail
If the requesting party mails in a divorce record request, the approximate wait time is 8-10 weeks. A separate completed request form is needed for each record requested. Mail a completed copy of the request form to:
Georgia Office of Vital Records,
1680 Phoenix Boulevard, Suite 100,
Atlanta, GA 30349
Georgia Divorce Record Request In-Person
When requesting this document in person, the files will likely be received on the same day. Barring state holidays, the Georgia Office of Vital Records is open from 9:00 AM to 4:00 PM, Monday to Friday. They are located at the same address as above.
What is the Cost of a Divorce Verification?
Georgia law requires prepayment prior to a record search or verification or service can be provided. These payments and fees are not refundable once a service has been rendered. Requested documents are sent using first-class mail. A search fee costs $10.00 and incorporates a single certified copy. Further certifications of the same record, if ordered at the same time, cost $5.00. A search that covers more than one year is another $10.00. Accepted forms of payment by mail include checks or money orders by mail. Requesting parties can also pay in person using a check, money order, credit, debit, or even cash.
Does Georgia Recognize Common-Law Marriage?
Georgia does not recognize common-law marriages created after January 1, 1997. Common-law marriages created in Georgia before January 1, 1997, must meet specific criteria, namely:
- The couple must cohabit in a State that recognizes common-law marriage.
- The cohabitation must be for a protracted period (not specified in any State).
- The couple should be identified as married by family, friends, and within their community. This also means they bear the same last name and file joint tax returns.
- The couple should have an intention of getting “married”.
Although common-law marriages do not require a license or ceremony, such marriages can only be ended through a divorce, like a licensed marriage.
How to Get a Divorce in Georgia
Georgia is both a fault-based and no-fault divorce state. To go through a no-fault divorce in Georgia, a spouse must only state that their marriage is irretrievably broken. On the other hand, twelve fault-based grounds can necessitate a divorce in Georgia, including substance abuse, impotence during the marriage, and infidelity or adultery (O.C.G.A. § 19-5-3).
In Georgia, a spouse must file original divorce papers with the Clerk of the Superior Court in the county where the individual or their partner has lived for at least six months. The divorce papers are then served on the other spouse, who has thirty days to respond after receiving the divorce papers. Failing to respond can cause the judge to enter a default judgment on the divorce.
Spouses can either have a contested or uncontested divorce in Georgia, depending on whether they agree or disagree with the divorce terms. Uncontested divorces are settled via divorce agreement on the terms outlined in the divorce documents, while contested divorces go through a court trial, which is always longer and costlier. Whether contested or uncontested, a judge must pronounce a judgment and sign the divorce decree to end the dissolution of the marriage process.
