Banks County Divorce Decree Records
Banks County divorce decree records are filed and stored at the Clerk of Superior Court in Homer, Georgia. If you need to find a Banks County divorce case, get a copy of a final decree, or review what is in a case file, the Superior Court Clerk office in Homer is the place to go. The Georgia Open Records Act makes most divorce decree records available to the public, so you can request these records whether you are a party to the case or not. This guide explains the process, what records contain, fees to expect, and what Georgia law requires.
Banks County Divorce Decree Quick Facts
How to Get Banks County Divorce Decrees
The Banks County Clerk of Superior Court is at 144 Yonah-Homer Road, Suite 8, Homer, GA 30547. Reach them by phone at (706) 677-6200. The Banks County official website has current office hours and contact details. In-person visits are the fastest way to get copies. Bring photo ID and any case information you have, including the full names of both parties and the approximate year of divorce.
If visiting Homer is not possible, the clerk accepts mail requests. Send a written request to the office at the address above. Include both parties' names, the year of the divorce if known, the case number if you have it, and whether you need a plain copy or a certified copy. Enclose a self-addressed stamped envelope. The clerk will respond with the documents or a fee statement. Call ahead to confirm current copy fees before you send payment.
What Banks County Divorce Records Contain
A divorce decree from the Banks County Superior Court is the final court order ending a marriage. The decree sets out the terms the judge approved or ordered. It typically covers how property and debts are divided, whether spousal support is ordered, and if children are involved, custody and child support terms. The decree is binding on both parties from the date the judge signs it.
The clerk's file for a Banks County divorce case holds more than the final decree. It includes the original petition, proof of service, any answer filed by the respondent, temporary orders, financial disclosure documents, and all motions and hearings held during the case. If the parties had a settlement agreement, that agreement is usually attached to or incorporated in the final decree and is part of the case file too.
The Georgia Department of Public Health maintains a statewide divorce index covering the years 1952 to 1996. That resource can confirm whether a divorce was recorded in Georgia but does not provide case file contents or the terms of a decree. For full divorce decree copies from Banks County, the Superior Court Clerk in Homer is the correct source. The state DPH Vital Records page is at dph.georgia.gov/VitalRecords.
Note: Very early Banks County divorce records may be stored differently than more recent files; the clerk can advise you on what is available for a specific time period.
Banks County Clerk Office
The Banks County clerk's office website at bankscountyga.org is a helpful starting point for understanding what services are available before you visit the Homer courthouse. The image below shows the Banks County Clerk of Superior Court office, which handles all divorce decree filings and record requests in Banks County. The Banks County website is the best place to verify current office hours and any procedural updates.
Staff at the Homer courthouse can search divorce records by party name or case number and provide copies of documents in the file. If you need certified copies, ask specifically when you make your request, as those require the clerk's official seal.
Banks County Divorce Decree Fees
Copy fees at the Banks County Clerk of Superior Court follow Georgia's standard rate schedule. Plain copies of divorce records generally cost between $0.50 and $5.00 per page. Certified copies carry an additional charge for the clerk's seal and signature. For legal proceedings or official submissions, you typically need a certified copy. For personal use, a plain copy works fine and costs less.
The Georgia Department of Public Health also charges fees for divorce verifications through their Vital Records office. Contact them at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, or by phone at (404) 657-2700. Their service covers the 1952 to 1996 period only and confirms the fact of a divorce without providing the decree itself.
Georgia Divorce Laws in Banks County
Banks County divorces follow Georgia state law. The residency requirement is six months in Georgia before filing. This comes from OCGA 19-5-2. You file in the county where you live or where your spouse lives. No local Banks County filing requirement adds to what the state law sets.
Georgia has 13 grounds for divorce under OCGA 19-5-3. The most common in Banks County and across Georgia is no-fault: the marriage is "irretrievably broken." This ground avoids the need to prove that either party did something wrong. Fault grounds like adultery, desertion, and cruel treatment remain available and may matter in contested cases, particularly if alimony is at issue. The 30-day waiting period after service applies to all divorce cases in Banks County under Georgia law.
The Superior Court's authority over divorce in Georgia comes from OCGA 19-5-1. Self-represented parties can get divorce forms at the Georgia Courts self-help page.
Public Access to Banks County Divorce Records
The Georgia Open Records Act establishes the right to inspect and copy government records, including divorce case files at the Banks County Clerk of Superior Court. No special connection to a case is needed to request records. Pay the copy fee, and the clerk will provide the documents from the public file.
Court orders can seal records when there is a legal reason. Sealed files cannot be accessed without a court order, and the clerk will confirm a sealed case exists without sharing its contents. Most routine Banks County divorce cases are not sealed and are available to anyone who asks at the Homer courthouse.
Note: Online access to Banks County Superior Court records may be limited; contacting the clerk's office directly is the most reliable approach.
Legal Help for Divorce in Banks County
Banks County residents who need help with divorce proceedings can contact Georgia Legal Services Program. This nonprofit serves rural Georgia and offers free civil legal help to income-qualifying residents. They handle family law cases including divorce and custody. Apply online or by phone to check eligibility.
The Georgia Legal Aid website has plain-language guides and step-by-step instructions for handling your own divorce. For more complex situations, the State Bar of Georgia runs a referral service. The Georgia Courts website has links to forms, self-help resources, and Superior Court contacts for Banks County.