Georgia Divorce Records

Per recent data from the National Center for Health Statistics, Georgia has a divorce rate of 2.2 divorces per 1,000 people, slightly lower than the average national divorce rate of 2.4 divorces per 1,000 people.

Georgia law allows for couples to file for divorce on either "fault" or "no-fault" grounds. For no-fault divorces, neither party is required to prove that the other party is responsible (at fault) for the breakdown of the marriage - the court is only interested in whether the marriage is "irretrievably broken". On the other hand, spouses who file a fault divorce are required to provide evidence to support the grounds on which they are filing for the divorce. Legally recognized grounds for divorce in Georgia include adultery, habitual intoxication, willful desertion, habitual drug addiction, cruel treatment, and incurable mental illness.

On average, the cost of divorce in Georgia is $11,400 per person, higher than the national average of $9,969. Divorce costs are influenced by factors like attorney fees, court costs, the complexity of the case, and whether crucial issues like property division, child custody, and/or alimony are being disputed.

Are Divorce Records Public in Georgia?

Divorce records in Georgia are considered public under the state's Open Records Act. This means that members of the public have the right to view, inspect, and obtain copies of these records. Notwithstanding this, certain divorce records are deemed exempt from public disclosure and may only be accessed by authorized parties. These include records containing sensitive information, such as details involving minors, financial records, or cases involving domestic violence, and any other divorce records that have been sealed by court order to protect the privacy of those involved.

What Is Included in Georgia's Divorce Records?

Georgia divorce records encompass a variety of documents generated or filed about divorce proceedings held across the state that provide detailed information about these divorce proceedings and the final outcome. There are two main types of divorce records in Georgia:

• Divorce Decrees: These documents are the official court orders that finalize the divorce. They include key details about the divorce, such as the names of the divorcing parties, the date of the divorce, and the location where it was granted, as well as property division, alimony, child custody arrangements, and child support obligations. Divorce decrees are maintained by the Superior Court in the county where the divorce was granted.
• Divorce Case Files: These are court files containing all the documents related to a specific divorce case, including the complaint for divorce, financial disclosures, evidence, testimonies, transcripts, settlement agreements, the divorce decree, and other court orders. These files are also maintained at the Superior Court that handled the case. Be aware that access to certain documents contained in the case file may be restricted to the parties involved, their legal representatives, and other authorized individuals.

In addition to these records, the Georgia Department of Public Health offers divorce verifications that confirm if a divorce occurred in the state and provide basic information, such as the names of the divorcing parties, the date and location of the divorce.

How Do I Find Georgia Divorce Records?

Georgia divorce records are maintained by the Superior Court in the county where the divorce was filed. Certified copies of these records may be obtained by contacting the relevant court and following its specific procedures. Common reasons for requesting certified copies of divorce records in Georgia include:

• Confirming the legal status of a divorce.
• Facilitating name changes and/or updating legal documents.
• Updating marital status for insurance, social security, or financial institutions.
• Modifying or enforcing child custody, support, and visitation orders.
• Accessing government benefits and claims.

Look Up Georgia Divorce Certificate

Georgia does not offer state-issued divorce certificates; all requests for divorce records are processed locally by Superior Courts. However, the Georgia Department of Public Health (DPH) may assist interested parties in verifying whether a divorce has occurred in the state. Contact the DPH at (404) 657-2700 or (404) 679-4702 for more information. Inquiries on divorce verifications may also be directed to the DPH's county vital records offices.

Look Up Georgia Divorce Decree

To access and obtain copies of a Georgia divorce decree, you will need to contact the Superior Court in the county where the divorce was finalized. This process generally involves the following steps:

• Determine the Superior Court holding the required records and identify the Superior Court Clerk.
• Submit a records request to the clerk. Some courts offer online portals for submitting record requests, while others may require you to submit a written request or visit the courthouse in person. Regardless of the submission method, you will typically need to complete a request form and provide specific information needed to locate the record, usually the names of the parties.
• Pay the required fees. These vary by county but generally range from $2.50 - $10 per copy.

Look Up Georgia Divorce Court Records

You may look up and obtain copies of publicly accessible records contained in a Georgia divorce case file, such as the complaint for divorce, settlement agreement, divorce decree, summons, notice of appearance, and more, by submitting a request to the appropriate Superior Court. Note that you may be required to provide identification and pay a copy fee, which varies by county.

Can You Seal Divorce Records in Georgia?

Yes, divorce records may be sealed in Georgia under certain circumstances. Sealing a divorce record restricts public access to it; this is typically done to ensure the privacy and/or safety of involved parties and to protect sensitive information, such as the identities of minors, financial information, mental health information, domestic abuse allegations, and medical records. In most cases, only the sensitive portions of the record are sealed; however, the entire record may be sealed sometimes.

You may get your divorce records sealed by filing a motion with the court that handled the case and providing compelling reasons for the request, with supporting documentation where necessary. A judge will review the motion and may hold a hearing before making a decision. If the motion is granted, the records will be kept confidential and accessible only to authorized individuals.

How Long Does a Divorce Take in Georgia?

The timeline for a divorce in Georgia typically depends on the specifics of the divorce case. Per Section 19-5-3 of the Code of Georgia, there is a mandatory 30-day waiting period before no-fault divorces (divorces filed on the grounds of the marriage being irretrievably broken) can be finalized. In situations where one spouse refuses to participate in the divorce, the process may take up to 60 days or more, depending on the court's schedule. Likewise, for cases where there are disputes over issues like property or child custody (contested divorces), the divorce may take months or even years before being finalized.

Does Georgia Require Separation Before Divorce?

No, Georgia does not require a period of separation before couples may file for divorce.

How Are Assets Split in a Georgia Divorce?

Georgia is an equitable distribution state, meaning that a couple's assets and liabilities are divided fairly, though not necessarily equally, between them in the event of a divorce. During divorces, courts typically distinguish between marital property, which are assets and liabilities acquired by either or both parties during the marriage, and separate property, which are assets owned before the marriage and certain property gotten during the marriage, such as gifts and inheritances.

Georgia law does not outline specific factors to be considered when splitting marital property between couples, and courts generally have broad discretion when taking these actions. Nevertheless, courts typically consider certain factors when making their determinations, including:

• The duration of the marriage
• Prior marriages by either party
• Each party's age, health, occupation, vocational skills, and employability
• Each party's source and amount of income
• How the property was acquired and each party's contribution to the property
• Each party's contributions or services to the family unit

It should be noted that a separate property is not subject to division between both parties and typically remains with its original owner.

Who Gets Custody of a Child in Divorce in Georgia?

Child custody decisions in Georgia are primarily guided by the principle of serving the "best interests of the child". Historically, there was a societal bias toward granting custody to mothers, but modern laws aim to treat both parents equally. Section 19-9-3 of the Code of Georgia specifically states that courts should have no presumption of favor for either parent when making custody determinations. However, statistics show that fathers, on average, still receive less parenting time compared to mothers. Per recent studies, fathers in Georgia are awarded an average of 23.5% of parenting time annually, which is approximately 86 days per year and lower than the national average of 35%.

There are two primary types of child custody in Georgia:

• Legal Custody: This pertains to the parent's right to make major decisions about the child's upbringing and welfare, such as their education, healthcare, and religion. Legal custody may be joint (shared by both parents) or sole (granted to one parent).
• Physical Custody: This pertains to which parent the child will live/spend most of their time with. This custody may also be joint or sole.

Georgia courts typically encourage joint custody arrangements between parents to ensure that both parties remain actively involved in the child's life unless evidence suggests that this would not be in the child's best interest. Under state law, divorcing couples who have children are required to draw up a parenting plan during their divorce proceedings - this may be done jointly or separately. The court will consider the submitted plan(s), along with certain factors, to determine the child's best interests as it relates to their custody. These factors include

• The emotional bond between the child and each parent.
• Each parent's ability to provide for the child's needs.
• Any history of domestic violence or substance abuse.
• Each parent's willingness to foster a relationship between the child and the other parent.

For children who are up to 14 years old, the court may also consider their preference on which parent they wish to live with.