Canton Georgia Divorce Decree

Canton divorce decree records are held by the Cherokee County Superior Court, which is located right in Canton at 90 N. Street, Suite 150. Because Canton is the county seat, residents do not need to travel to another city to request records or file a new divorce case. This page explains where to find divorce decree records in Canton, what those records contain, how Georgia law governs the process, and what help is available locally.

Cherokee County Superior Court in Canton

The Cherokee County Superior Court Clerk handles all divorce records for Canton and the rest of Cherokee County. The courthouse is at 90 N. Street, Suite 150, Canton, GA 30114. You can call the clerk's office at (678) 493-6511 or find information on the county website at cherokeecountyga.gov.

Canton's position as the county seat means the courthouse is centrally located and staffed to handle the full volume of Cherokee County court activity. In-person requests are straightforward. Bring both parties' full names, any case number you have, and a form of ID. Ask specifically for a certified copy if you need the decree accepted by a government office, title company, or lender. Plain copies cost less but may not carry the court seal needed for formal use.

If you are not sure whether the case was filed in Cherokee County, you can also check the Georgia Department of Public Health's statewide divorce index for cases from 1952 to 1996. That can confirm the county before you make the trip to the clerk's office. For cases outside that range, the county clerk is your starting point.

The Cherokee County government website, shown below, is the official resource for Canton divorce decree records and court services in Cherokee County. Visit cherokeecountyga.gov for clerk contact details and current hours.

The screenshot shows the Cherokee County website, which provides access to the Superior Court Clerk's office and information for Canton residents seeking divorce decree copies and case searches.

Reading a Divorce Decree

A divorce decree is a court order, signed by a judge, that legally ends a marriage. It is the authoritative document that proves a divorce happened. The decree always names both parties, identifies the court, and states the date the divorce was granted. Everything else in the decree depends on what the case involved.

For cases with children, the decree will say how custody is divided, what the parenting schedule looks like, and how much child support is ordered. For cases with property, the decree describes how the house, cars, bank accounts, retirement funds, and debts are split between the parties. Alimony terms, if any were ordered, appear here as well. Once the judge signs and the clerk files it, all of these terms are binding court orders.

Uncontested divorces often produce simpler, shorter decrees. When both parties agree on everything before filing, the decree mostly restates the terms of their settlement agreement and confirms the marriage is dissolved. More contested cases produce longer, more detailed decrees that include findings and specific directives from the judge. The case file behind the decree holds the full record: the petition, any agreements, financial exhibits, and every order the court issued along the way.

Georgia Divorce Law Applied to Canton Cases

Every divorce in Georgia is controlled by Title 19, Chapter 5 of the state code. Under OCGA 19-5-1, the Superior Court has exclusive authority to grant divorces. No other court can dissolve a marriage in Georgia, which means all Canton divorces go through the Cherokee County Superior Court.

The six-month Georgia residency requirement comes from OCGA 19-5-2. At least one spouse must have lived here for six months before filing. People who recently moved to Canton from another state may not yet qualify and would need to wait out the remainder of that period before filing in Cherokee County.

There are 13 grounds for divorce listed in OCGA 19-5-3. The vast majority of cases in Cherokee County use the no-fault "irretrievably broken" ground. It does not require evidence of wrongdoing on either side and is the most straightforward path to a final decree. A 30-day waiting period applies after service of the divorce papers on the other party. The petition itself must be in writing and verified by the petitioner, as required by OCGA 19-5-5.

State DPH Divorce Verification Records

For divorces that took place between 1952 and 1996, the Georgia Department of Public Health maintains a statewide index. This is a useful tool if you need to verify a divorce but are unsure which county handled it. The DPH can check the index and confirm the county where the case was filed. But the DPH does not provide copies of the actual decrees. The department notes that "copies of the records are held by the Clerk of the Superior Court in the county where the divorce was granted."

For Canton divorces in that period, the DPH index can confirm Cherokee County as the filing county. The actual certified copy must be obtained from the clerk here. The DPH is located at 1680 Phoenix Boulevard, Suite 100, Atlanta, GA 30349, phone (404) 657-2700, and their records portal is at dph.georgia.gov/ways-request-vital-record.

The Georgia DPH vital records request page, shown below, covers the process for statewide divorce verification requests for cases filed between 1952 and 1996. Go to dph.georgia.gov to learn how to submit a request.

The screenshot shows the Georgia DPH ways-to-request page, which explains the available methods for ordering divorce verifications from the state index maintained for cases in Canton and throughout Cherokee County.

Open Records Access in Canton

Divorce decrees in Cherokee County are public records under Georgia's Open Records Act, OCGA 50-18-70. Any person can request a copy. You do not need to be one of the parties, and you generally do not need to state why you want the record. Requests can be made in person, by mail, or potentially online depending on the county's current services.

Sealed records are the exception. A judge can seal a file to protect sensitive information, particularly involving minor children or financial details subject to a confidentiality order. Sealed files require a court order to access. For most Cherokee County divorce cases, though, the records are open and the process is straightforward. Note: The clerk's office can tell you whether a specific case file is sealed before you make a full records request.

Legal Resources for Canton Residents

People in Canton who need help with a divorce filing or a records request have several options for free or low-cost assistance. The Georgia Legal Services Program at glsp.org provides civil legal help to income-eligible residents in Georgia, including family law matters in Cherokee County. Georgia Legal Aid at georgialegalaid.org offers online guides and referrals for those navigating the court system on their own.

For those who want to hire an attorney, the State Bar of Georgia maintains a searchable lawyer directory at gabar.org. Family law attorneys in the Canton area are familiar with the Cherokee County Superior Court and its local rules. Self-represented filers can use the standardized divorce forms available at georgiacourts.gov. These forms work well for straightforward uncontested cases but may not cover everything needed in more complex situations.

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