Crystal Wright | October 3, 2024 | Family Law
Most people don’t think about divorce records until they need to look them up. Maybe you’re getting remarried and require proof of your previous divorce, or perhaps you’re doing genealogy research on your family tree. Whatever the reason, finding divorce records in Georgia isn’t always straightforward.
The good news is that divorce records are considered public records in Georgia. The bad news is that there’s no central database for the whole state, so you’ll have to know where to look.
Where Divorce Records Are Kept In Georgia
Divorce records are kept by the Superior Court clerk in the county where the divorce was granted. That means you must know which county to search in. If you don’t know the county, you’ll have to do some research first.
The Vital Records Office of the Georgia Department of Public Health maintains an index of divorces from 1952 to 1996. This won’t give you the full divorce record, but it can tell you which county to search in. For divorces after 1996, you’re on your own when it comes to figuring out the right county.
How To Request Divorce Records
Once you’ve identified the correct county, you have a few options for getting the records. You can:
- Visit the Superior Court clerk’s office in person
- Mail in a request form
- Use an online records search if the county offers it
If you decide to submit a request by mail, send the proper forms to the State Office of Vital Records accompanied by a money order or certified check as proof of payment. Requests sent by mail are typically processed within 8–10 weeks.
If you’re requesting in person, make sure to bring all required materials with you to the State Office of Vital Records or a County Vital Records Office. You can make the payment in cash or use a card. In-person requests have a shorter processing period.
While each county has its own procedures and fees, you’ll generally need to provide:
- The names of both parties
- The date of the divorce (at least the year)
- The case number (if you have it)
There’s no statewide standard—some counties make it easy with online searches, while others require mailed-in forms and weeks of waiting.
When Records Are Sealed: The Exception To Public Access
Under Georgia’s Open Records Act, divorce records are public records, with a few exceptions. If sensitive information is involved, like allegations of abuse or financial details, a judge may close the record.
In these cases, you’ll need a court order to access the records, which means hiring a lawyer and filing a formal motion with the court. This is not a quick or easy process.
Your Options If You Hit A Dead End
If you can’t obtain the records through normal channels, you have a few backup options:
- Contact a divorce lawyer–they may have ways to track down hard-to-find records
- Check the Georgia State Archives to see if they have older divorce records on microfilm
- Search newspaper archives, as divorces were once reported in local papers
- Look for secondary sources like church records that may mention the divorce
When official channels fail, these alternatives can be worth exploring.
Why Bother With Official Records?
You might wonder why it’s necessary to go through all this hassle. Why not just take someone’s word that they’re divorced?
The problem is that unofficial evidence isn’t always enough. For legal purposes, you often need certified copies of the actual divorce decree. Banks, government agencies, and courts generally won’t accept anything less.
Finding Records Is A Game Of Patience
In an ideal world, all public records would be easily searchable in a central online database. Things are moving in that direction, but slowly. For now, persistence is key when searching for divorce records in Georgia.
Don’t give up if your first attempt fails. With some careful research and a little patience, you can likely track down the records you need. Contact Crystal Wright Law, LLC, to schedule a free consultation if you need help.