Are Divorce Records Public in Georgia? See Any GA Divorce Free

Are divorce records public in Georgia? Every state has its own method for sorting and releasing public records, and Georgia is no different. In GA, divorce records are public and part of what shows up on a background check.

And, since these records are public in the state, seeing any GA divorce record is just a matter of knowing where to look.

Whether it’s certified proof of divorce, a copy of written agreements and contracts, or general information such as the date and place of divorce being sought, these documents and more are available, both online and through manual requests.

This guide provide all the information about finding divorce resources in the state of Georgia, including how to find Georgia divorce information for free.

In fact, by doing a name-based search, anyone can find out, ‘are divorce records public in Georgia,’ right now.

Are Georgia Divorce Records Public? (Public Divorce Records GA)

Many have had occasion to ask “Are Georgia divorce records public?” and to that point, Georgia is a huge proponent of public records access. According to the Open Records Act (O.C.G.A. §50-18-70),²¹ Georgia policy strongly favors an open government system where the public has unrestricted access to court records (cases sealed by the court for special situations are exempt).¹⁶

Much of Georgia’s government functions are handled at the county level by one of the state’s 159 county courts.¹³ Divorce cases are settled in the county Superior Court, and the clerk of the Superior Court maintains divorce records, as well.^7,19 The Superior Court clerk is the official who can provide certified copies of divorce records and decrees to interested parties.¹⁶

Electronic copies of divorce records can be difficult to obtain, but many of Georgia’s counties have online portals which allow users to access and view court documents (usually for a small fee).¹⁴

How to Find Divorce Records Online for Free

Anyone who has ever wondered “Are divorce records public in Georgia?” is likely also curious about how to see those records online, for free. County governments retain divorce information and provide access according to their individual laws. Unfortunately, this also means that each county dictates if and what they charge for access to the records. In some counties, an individual can find and view divorce records online for free, but most counties do charge a nominal fee.

The Georgia Courts website provides a directory of links to county Superior Courts’ electronic access portals.²² Each link leads to the same external site (PeachCourt) which provides electronic access to all of Georgia’s county court records and documents.⁸ Unfortunately, this is not an absolutely free service, as there is a small fee for viewing documents.

To use this system, individuals must register and create an account. The basic account is free, and it is also free to search for records. However, to view the records, users are required to input a payment method and pay a small processing fee (~$3.00). This method is not completely free, but it is quicker, easier, and cheaper than getting a certified copy from the courthouse. Follow these steps to conduct a divorce record search via this route.

Step 1: Select the county link from the Georgia Courts page.
Be sure to select the Superior court rather than the state link.

Step 2: Select “Register” to create an account.

Step 3: Enter the required information for set-up and click “Complete Registration.”

Step 4: Select the county of interest from the “County” drop-down menu.

Step 5: Choose to search by “Case Number” or “Party Name,” enter the required information and click “Search.”

Step 6: Scan the list of search results to identify the correct case (when searching by party name, the results yield all available court records, not just divorce records).

Step 7: Scroll down to find the divorce record desired (Judgment and Decree are typically toward the bottom of the list) and click “View.”

Step 8: Enter a payment method and select “View” once more. The payment and request should be processed within 24 hours

There are 12 counties (Chatham, Cherokee, Clayton, Decatur, DeKalb, Douglas, Floyd, Fulton, Glynn, Gwinnett, Lowndes, and Rockdale) without links in the directory, and they either use their own online county database for court record searches or do not have an online lookup system.

Are Divorce Records Public in Georgia? All Counties

For example, Fulton County uses its own public records access portal which also requires account registration,²³ and Clayton County offers a registration-free court case inquiry.²⁴ Meanwhile, Douglas County does not currently have an online access system.²⁵

When official, certified copies of divorce records cannot be obtained online, contact the Superior Court for the county where the divorce occurred.¹⁶ Find the links to each county’s Superior Court in the table below. How Do I Do A Fulton County Smart Search?

The Fulton County government has its own, separate electronic database and records access portal (see Fulton County Magistrate, State, and Superior Court Record Search).²⁶ A registered account is required to use Fulton’s online search system. Follow these steps to do a Fulton County smart search.

Step 1: Click the link: Fulton County Magistrate, State, and Superior Court Record Search

Step 2: Click “Register” at the top right of the page.

Step 3: Enter the required information to create an account and click “Next.”

Step 4: Verify your email address.
A link will be emailed from Fulton County within 24 hours. Follow the link to “Log In” to the account.

Step 5: Select “Registered User” from the drop-down menu.

Step 6: Agree to “Terms and Conditions” and “Submit.”

Step 7: Click the “Home” button.

Step 8: Click the “Smart Search” icon to proceed.

Step 9: Enter record number or last name and first name (middle initial optional) for search and “Submit.”

Step 10: Scan results for desired case records or modifies the search for specific criteria.

Access any specific county by simply searching the name online.

What to Know About Divorce in Georgia

Georgia is a “no-fault” divorce state, meaning that an individual can file for divorce without proof of a spouse’s wrongdoing. Georgia’s divorce law (O.C.G.A. § 19-5-3) provides for thirteen legal grounds to petition for divorce. An individual may file for divorce if:¹²

• The spouse displays habitual intoxication
• The spouse has an incurable mental illness (see stipulations)
• The spouse treats them cruelly
• The spouse commits adultery after marriage
• The spouse is convicted of a crime of moral depravity, resulting in a prison sentence of two years or greater
• The spouse exhibits willful and continued desertion for a period of one year
• The spouse was pregnant by another man at the time of marriage and did not disclose the information
• The spouse forced or coerced them into marriage
• The spouse is related or kin within the prohibited degrees
• The spouse was impotent at the time of marriage
• One party was mentally incapacitated at the time of marriage
• The marriage is irretrievably broken

Filing for divorce under any of the above conditions except the marriage being irretrievably broken requires proof of fault or guilt.¹⁸

Georgia is considered an equitable distribution state and aims to divide assets fairly, but this doesn’t mean parties can expect a 50-50 split of assets. Division of assets depends on many factors, including the type of divorce filed.¹

There is more than one type of divorce in the state of Georgia. A divorce case can be uncontested, contested, or by publication.³

Uncontested Divorce

An uncontested divorce is one where the parties agree to the divorce and also agree upon how assets and responsibilities should be divided or distributed. This is sometimes referred to as a collaborative divorce.

Contested Divorce

A contested divorce is one in which the parties do not agree on some aspect of the divorce. One of the parties may not wish to divorce, or there may be some conflict in determining how responsibilities, debts, and assets are divided. Contested divorce cases are often more costly and time-consuming.

Divorce by Publication

In the situation where one spouse is missing and cannot be located through any reasonable means, the petitioner may submit an Affidavit of Diligent Search stating that every effort was made to find the estranged spouse. The judge may allow a “divorce by publication” to be carried out, where the petitioner publishes a Notice of Publication in the local newspaper four times within 60 days. The missing spouse is permitted one week after the final Notice of Publication to respond.²⁰

Current Divorce Statistics in Georgia

Historically, the United States has had one of the highest divorce rates worldwide. However, the percentage of divorced persons in the U.S. has been gradually declining over the past several years, resulting in a national decrease from approximately 50% to around 45%. Several factors may have a potential impact on falling divorce rates, including:

• Increase in individuals requesting pre-marriage and marriage history checks before marriage
• Increase in individuals requesting prenuptial agreements before marriage
• Increase in individuals waiting longer to get married
• Increase in cohabitation before marriage
• Decreased stress upon traditional ideas of marriage

So, after exploring the question of “Are divorce records public in Georgia?” take a look at some recent divorce statistics for this Southern state.

The Southern region of the United States is known for having the highest divorce rates across the nation. According to the United States Census Bureau’s²⁷ 2020 data, approximately 11.2% of Georgia residents were divorced at the time of data collection. This is less than half a percent higher than the national estimate of 10.8% for the same year but lower than the averages for the geographically similar states of Alabama, Mississippi, and Florida.

The following tables display the percentage of divorced people per Georgia county and major city.

* Estimates from 2020 census data.

The following table looks at the divorce rate for the eight most populous cities in the state of Georgia.

* Estimates from 2020 census data.

What To Do When Filing for Divorce in Georgia?

The thought of filing for a divorce can seem overwhelming, and rightly so, as divorce cases often result in complicated, messy financial and family situations. Being prepared and having the right tools to navigate the divorce process is half the battle. The Georgia Courts²⁸ website provides some forms, helpful tips, and tutorials on completing forms. Additional forms and processes vary by county of residence. Follow this step-by-step guide on how to file for divorce in the state of Georgia.^4,15

Step 1: Ensure the eligibility for divorce filing
At least one spouse must have been residing in the state of Georgia for the previous six months.

Step 2: Decide on grounds for divorce
A divorce complaint can be for a “no-fault” divorce if the marriage is irretrievably broken. There are also 12 “fault” grounds discussed in a prior section.

Step 3: Decide whether to hire a lawyer or DIY
In no-fault, uncontested divorce cases, it is often possible to “do it yourself.” However, there are some situations and cases where an attorney’s service is indispensable.⁶

Step 4: Identify the necessary forms
Depending on the specifics of the marriage situation, the forms may differ. The Georgia Courts Checklist³³ names the required forms but does not provide the forms themselves. Many county sites have divorce form packets for purchase or free download. Consult the chart below for more information on when different forms may apply. Note that some counties may require additional forms.⁹

Step 5: Fill out the forms completely and double-check for accuracy
The initial petition is one of the most important forms in the divorce process, so ensure its completeness!¹⁵

Step 6: File the forms with the county clerk of the Superior Court and pay the associated fee ($200 – $300)

How to Find Out if Someone Filed for Divorce in Georgia

When one party files for divorce in the state of Georgia, they are required by law to use every means at their disposal to contact and inform their spouse. Thus, the non-petitioning spouse will be served papers which include a divorce summons, notifying them of the divorce filing and required action on their part. If an estranged spouse cannot be located, a public declaration of intent to divorce is generally broadcast in local papers in a further attempt to inform the spouse.¹⁰

However, there is a considerable window of time allotted for the petitioning spouse to notify the non-filer, usually 90 days. An individual who suspects their spouse may have filed for divorce but has not yet served the papers has a few options open to them.¹¹

1. They can ask the spouse directly when possible.
2. They can search the online county databases for records of filing (see Georgia Courts directory).
3. They can contact the clerk of the Superior Court in the county of residence and inquire.

If a divorce case has been filed, one or all of these avenues should reveal this information.¹⁷

How Do I Get a Copy of My Marriage Certificate in Georgia?

Marriage records are generally considered vital records, and in most states, a marriage certificate can be ordered from the vital records office or department of public health of that state. In the state of Georgia, only marriage records from the years 1952 through 1996 are kept by the Department of Public Health at the State Office of Vital Records.²⁹ Individuals seeking a marriage certificate within that time frame can contact the nearest vital records office (see Vital Records Office Map)³⁰ or mail the Request for Search of Marriage Form.³¹

Marriage records before 1952 or after 1996 are held with the county probate court. In most counties the certificate can be obtained by mailing or submitting in-person a Marriage Record Request Form along with a fee (~$10).² Some counties may allow online requests.

Each state has its own process for divorce, from filing the papers to accessing the records. It’s no wonder that the topic of divorce is stressful to so many people nationwide. For individuals residing in the state of Georgia, this article will be an invaluable tool for answering questions about divorce in Georgia. Review the information to answer the question “Are divorce records public in Georgia?” and learn the best ways to see divorce records.

Frequently Asked Questions About Are Divorce Records Public in Georgia