Clay County Divorce Decree Records
Clay County divorce decree records are maintained by the Clerk of Superior Court in Fort Gaines, Georgia. The clerk's office is the official keeper of all divorce case filings in Clay County, and records are available to the public under the Georgia Open Records Act. This guide covers how to request divorce decree records in Clay County, what case files contain, applicable fees, relevant Georgia statutes, and legal resources for local residents.
Clay County Divorce Decree Quick Facts
How to Request Clay County Divorce Decrees
The Clay County Clerk of Superior Court is located at 111 Court Street, Fort Gaines, GA 39851. The office phone number is (229) 768-2631. The Clay County government website has contact details for the court clerk. Visiting the Fort Gaines courthouse in person is the most direct method to request a divorce decree. Clay County is one of Georgia's smaller counties, so the clerk's office has limited staff. Call before you visit to confirm hours and availability.
When you arrive, bring the full names of both spouses and the approximate year the divorce was filed. A case number helps locate the record faster. Bring valid photo ID. For mail requests, write to the clerk with the case details and include a self-addressed stamped envelope. Always call first to confirm payment method and current fees before sending anything. Small county offices sometimes have limited hours and may not handle walk-in requests on every day of the week.
Note: Clay County is one of Georgia's least populous counties. Allow extra time for mail requests, and always call ahead before making a trip to Fort Gaines.
What Clay County Divorce Records Include
A divorce decree from the Clay County Superior Court is the court's final legally binding order ending a marriage. The decree resolves all matters in the case: division of real and personal property, assignment of debts, spousal support if applicable, and custody and visitation terms for minor children. Once entered by the judge, the decree is enforceable. Either party can go back to court to seek enforcement if the other fails to comply.
Beyond the decree, the full case file at the Clay County clerk includes the original petition, proof of service on the respondent, financial affidavits, temporary orders if any were entered, and the final agreement for uncontested divorces. For contested cases, the file may include motion filings and the judge's written decisions. The Georgia DPH divorce certificate is a separate and very different document. It confirms a divorce was registered in Georgia between 1952 and 1996; it has no case terms or details. For the actual decree or for divorces outside that period, the Clay County clerk is your source. DPH is at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, (404) 657-2700, or dph.georgia.gov/VitalRecords.
Clay County Divorce Decree Fees
Copy fees at the Clay County Clerk of Superior Court follow Georgia's standard rates. Plain copies are typically $0.50 to $1.00 per page. Certified copies, which carry the clerk's seal and are required for legal filings, cost more. The exact amount depends on document length. Confirm current fees by phone before visiting the courthouse or sending a mail request with payment.
For divorce verifications from the state DPH index, covering 1952-1996, the fee is separate from what the county clerk charges. The DPH service at dph.georgia.gov/VitalRecords explains the request process and what it covers. For all Clay County divorces outside that window, the county clerk is the only official source.
Georgia Divorce Law and Clay County
The Georgia DPH Vital Records database at dph.georgia.gov is the statewide index for divorce records from 1952 through 1996. The screenshot below shows how that resource looks to users who search for state-level divorce verifications.
Georgia sets uniform rules for divorce that apply in every county. Under OCGA 19-5-1, the Superior Court holds jurisdiction over divorce actions statewide. At least one spouse must have been a Georgia resident for six months before filing, per OCGA 19-5-2. The petition is filed in the county where either spouse lives.
Georgia's 13 grounds for divorce appear in OCGA 19-5-3. Most Clay County divorces use the no-fault ground, that the marriage is irretrievably broken. After the respondent is served, a 30-day waiting period applies. No final decree can be signed before that 30 days expires. Self-represented filers can get free Georgia divorce forms at the Georgia Courts self-help portal.
Public Access to Clay County Divorce Records
The Georgia Open Records Act makes divorce decree records public. Any person can submit a request to the Clay County Clerk of Superior Court. You do not need to be a party to the case or provide a reason for the request. The clerk is required by law to respond and provide copies for the applicable fee.
Courts can seal records when disclosure would harm minor children or when both parties request sealing and the court finds cause. Sealed records are not accessible without a court order. This happens rarely in routine divorces. Most Clay County divorce decrees are public and can be obtained through a standard request to the clerk's office. Because the county is small, there may be fewer staff members to handle requests, so allowing extra lead time for both in-person and mail requests is wise.
Note: Clay County is among Georgia's smallest counties. The clerk's office may not have extended public hours. Calling ahead is essential before making a trip to Fort Gaines.
Legal Help for Clay County Divorce
Georgia Legal Services Program provides free legal help to qualifying low-income residents of southwest Georgia, including Clay County. They handle family law matters such as divorce, custody, and support cases. Apply online or by phone to check if you qualify based on income and household size.
Georgia Legal Aid offers online guides and self-help forms for Georgia divorce cases. For simple, uncontested divorces where both parties agree on all terms, the self-help tools can get you through the filing process in Clay County. For contested cases, the State Bar of Georgia has a lawyer referral service to connect you with a licensed family law attorney. The Georgia Courts website has contact and filing information for the Clay County Superior Court in Fort Gaines.