Cherokee County Divorce Decree Records
Cherokee County divorce decree records are kept by the Clerk of Superior Court in Canton, Georgia. The clerk's office is the official source for all divorce filings in Cherokee County, including final decrees, petitions, and case documents. Under the Georgia Open Records Act, these records are public. This page covers how to request Cherokee County divorce decrees, what files contain, typical costs, Georgia law, and legal resources for county residents.
Cherokee County Divorce Decree Quick Facts
How to Get Cherokee County Divorce Decrees
The Cherokee County Clerk of Superior Court is located at 90 N. Street, Suite 150, Canton, GA 30114. The phone number is (678) 493-6511. Visit the Cherokee County website for additional contact details and any online access options. Cherokee County is one of Georgia's growing suburban counties, and the clerk's office handles a significant volume of cases. Visiting the Canton courthouse in person is the most straightforward way to request a specific record.
When you arrive, bring the full names of both spouses and the approximate year of the divorce. A case number speeds up the search. Bring valid photo ID. For mail requests, contact the clerk's office first to ask about current copy fees and payment methods, then send a written request with case details and a self-addressed stamped envelope. For recent cases in Cherokee County, many filings may be partially searchable through the court's electronic system. Calling ahead or checking the county website for online access options before making a trip can save time.
Note: Call the clerk's office before visiting to confirm current hours and whether walk-in requests are handled on the same day.
What Cherokee County Divorce Records Contain
A divorce decree from the Cherokee County Superior Court is the court's final legally binding order ending a marriage. It covers all terms the court resolved: division of real property and personal assets, debt allocation, alimony if awarded, and any child custody and visitation schedule. The decree is signed by the judge and filed with the clerk. Either party can seek enforcement through the court if the other fails to follow the decree's terms.
The complete case file at the Cherokee County clerk includes the original petition, proof of service on the respondent, financial affidavits from both parties, temporary orders if any were entered, and the final settlement agreement. Contested cases will also have motion filings, attorney arguments, and the judge's written decisions. This is entirely separate from the Georgia DPH divorce certificate. That short document only confirms a divorce occurred between 1952 and 1996 in Georgia; it has no case terms, no property details, no custody information. If you need the full decree or the case falls outside the 1952-1996 DPH index, the Cherokee County clerk is your source. Reach DPH at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, (404) 657-2700, or at dph.georgia.gov/VitalRecords.
Cherokee County Divorce Decree Fees
The Cherokee County Clerk of Superior Court portal, shown at cherokeecountyga.gov, is the official access point for county court records including divorce decrees. The image below shows the public-facing interface.
Copy fees at the Cherokee County Clerk of Superior Court follow Georgia's standard rate structure for court records. Plain copies typically run $0.50 to $1.00 per page. Certified copies, which carry the official clerk's seal and are required for legal filings and proof of marital status, cost more. The exact fee depends on document length and type of certification. Ask staff when you call or visit the Canton courthouse for current rates.
For state-level divorce verification from the DPH index (1952-1996 only), the cost is separate and typically lower than pulling a full court file. Their Vital Records page outlines how to submit a request and what the verification covers.
Georgia Divorce Law in Cherokee County
Georgia law governs every divorce filed in Cherokee County. The Superior Court holds exclusive jurisdiction under OCGA 19-5-1. Before filing, at least one spouse must have been a Georgia resident for six continuous months, as required by OCGA 19-5-2. You file in the county where you or your spouse lives at the time of filing.
Georgia recognizes 13 grounds for divorce under OCGA 19-5-3. The overwhelming majority of Cherokee County cases use the no-fault ground, that the marriage is irretrievably broken. No proof of wrongdoing is needed. After the respondent is served with the divorce petition, Georgia law requires a 30-day waiting period before the judge can sign the final decree. This applies even when both parties have fully agreed on all terms. Self-represented filers can get free forms at the Georgia Courts self-help portal.
The Georgia Open Records Act makes Cherokee County divorce decrees available to any member of the public upon request to the clerk.
Public Access to Cherokee County Divorce Decrees
Divorce records in Cherokee County are public records under the Georgia Open Records Act. Any person can submit a records request to the Cherokee County Clerk of Superior Court. No special status, legal relationship to the parties, or stated reason is required. The clerk must respond and provide copies for the applicable fee.
Some records are restricted. Courts can seal records to protect minor children or prevent harm from disclosing sensitive financial information. When records are sealed, the clerk will confirm the case exists but cannot share the sealed documents without a court order. Sealed cases are uncommon in routine Cherokee County divorce proceedings. Most case files are fully accessible through a standard records request. Cherokee County's growing population means the clerk processes a high volume of requests, so for complex or multi-document searches, calling ahead is a good idea.
Note: Cherokee County is a rapidly growing county. Records from more recent years are likely to be digitized and potentially accessible online through the court's system. Older records may require an in-person search.
Legal Help for Divorce in Cherokee County
Georgia Legal Services Program provides free civil legal assistance to low-income Georgians including Cherokee County residents. Family law matters such as divorce, custody, and support cases fall within their services. Income eligibility applies. Apply online or by phone to see if you qualify.
Georgia Legal Aid offers free online tools and guides for people handling their own divorce in Georgia. For uncontested cases in Cherokee County, the self-help resources can walk you through the filing process step by step. For contested cases involving significant property, business interests, or custody disputes, getting advice from a licensed attorney is advisable. The State Bar of Georgia runs a lawyer referral service to connect you with a family law attorney. Residents of Canton and Woodstock have access to local law offices familiar with the Cherokee County courthouse. The Georgia Courts website has contact details for the Superior Court clerk in Canton.