Search Elbert County Divorce Records
Elbert County divorce decree records are maintained by the Clerk of Superior Court in Elberton, Georgia. The clerk's office is the official source for certified copies of divorce decrees and all divorce case files in the county. Georgia's open records law makes most divorce decrees publicly available, and anyone can request a copy. This page covers how to get Elbert County divorce records, what those documents include, applicable fees, and where to find legal help.
Elbert County Divorce Decree Quick Facts
How to Get Elbert County Divorce Decrees
The Elbert County Clerk of Superior Court handles all divorce records for the county. The office is at 12 S. Oliver Street, Elberton, GA 30635. Call (706) 283-2005 to confirm current hours and ask about fees before your trip to Elberton. The Elbert County government website may have additional clerk contact details. In-person visits to the courthouse in Elberton are the most direct way to obtain a certified copy of a divorce decree in Elbert County.
When you visit the clerk's office, bring the full legal names of both parties in the divorce and the approximate year the case was filed. A case number will help staff locate the record faster, but it is not required. Bring a valid photo ID. The clerk can search by name or case number. For older records that may be stored off-site, ask whether retrieval takes additional time so you can plan your visit accordingly.
Mail requests are accepted at the Elberton address. Send a clear written request with all case details, a self-addressed stamped envelope, and payment for the copy fee. Call (706) 283-2005 first to confirm the current fee amount. Mail requests take longer than in-person visits, so allow extra time if you have a deadline. Elbert County is a smaller northeast Georgia county, so the clerk's office manages multiple duties with limited staff.
What Elbert County Divorce Records Contain
An Elbert County divorce decree is the Superior Court's final written order ending a marriage. It identifies both parties by their full legal names, states the date the divorce was granted, carries the judge's signature, and sets out all terms the court approved. Property division, debt allocation, spousal support, child custody, visitation schedules, and child support amounts all appear in the decree when those were part of the case. This is the binding legal document that governs what both parties must do after the divorce.
Certified copies of the divorce decree are regularly needed after a marriage ends. Remarrying in Georgia or another state requires proof the prior marriage ended legally. A certified copy from the Elbert County clerk serves this purpose. Government agencies, courts, and financial institutions accept it as proof of divorce. Name change applications at the DMV, Social Security, and other places may require it. Get extra certified copies while you are at the clerk's office to avoid a return trip later.
The full case file at the Elbert County clerk's office may also contain the original petition, financial documents, motions, orders, and any settlement agreement from the case. Most of these are public. Certain records may be restricted by court order, particularly those involving minor children or sensitive financial information. Note: Ask the clerk whether any part of a specific file is sealed before requesting the full case record.
Elbert County Divorce Record Fees
Copy fees for divorce records in Elbert County are set by the clerk's office and may be updated. Call (706) 283-2005 before your visit to confirm current rates. Certified copies carry a higher fee than plain photocopies. The total cost depends on how many pages the decree runs. Georgia county clerks typically charge a few dollars per page for certified copies, but Elbert County may have a specific rate that differs. Ask for an estimate when you call.
A filing fee applies when a divorce case is first opened in Elbert County Superior Court. This is separate from the copy fees paid when requesting records later. Ask the clerk about current filing fees and whether fee waivers are available for individuals facing financial hardship. Georgia courts can waive fees in qualifying cases, and the clerk can tell you what documentation is required to apply.
Note: Most smaller Georgia county clerks accept cash, check, or money order. Credit card processing may not be available. Confirm payment methods before your visit.
Georgia Divorce Laws in Elbert County
Georgia state law governs all divorces filed in Elbert County. Under OCGA 19-5-1, Georgia courts have authority to grant divorces on multiple grounds. No-fault divorce based on irretrievable breakdown of the marriage is the most common. Neither party has to prove wrongdoing. Fault-based grounds are available under OCGA 19-5-3 and include adultery, cruel treatment, desertion, and habitual intoxication. Most Elbert County cases use the no-fault approach.
At least one spouse must have lived in Georgia for six months before filing for divorce, as required by OCGA 19-5-2. A 30-day waiting period applies after the petition is filed before the court can issue the final decree. If both parties agree on all terms, the case can often be resolved at a brief hearing without a contested trial. Elbert County Superior Court has exclusive jurisdiction over all divorce cases filed in the county.
Once a divorce decree is issued and filed in Elbert County, it becomes a public record under the Georgia Open Records Act. Public access is the default. Specific documents can be sealed by court order, but that is uncommon for standard divorce decrees.
Public Access to Elbert County Divorce Records
Elbert County divorce records are public under Georgia law. Any person can request a copy of a divorce decree from the Clerk of Superior Court in Elberton without being a party to the case. Visit 12 S. Oliver Street, provide the party names and approximate date, pay the copy fee, and you can receive a certified copy the same day if the file is on-site.
The Georgia Department of Public Health at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, phone (404) 657-2700, maintains state-level divorce verification records for 1952 through 1996. These records confirm a divorce happened but do not include the full decree. For certified copies of Elbert County divorce decrees, you must contact the county clerk. The Georgia Courts website offers general information about Superior Court procedures.
Elbert County does not currently offer an online public portal for searching divorce records. In-person or mail contact with the clerk in Elberton is the standard approach. The image below is from the Georgia DPH vital records database, a secondary resource for confirming state divorce records.
For state verifications, contact Georgia DPH Vital Records. For complete Elbert County divorce decree copies, the clerk in Elberton is your source.
All Elbert County divorce decree copies must be requested directly from the Clerk of Superior Court at 12 S. Oliver Street in Elberton.
Legal Help for Divorce in Elbert County
Georgia Legal Aid provides free legal services to qualifying Elbert County residents and can help with divorce paperwork and court procedures. Georgia Legal Services Program serves northeast Georgia and may offer assistance for eligible clients. For those who need a private attorney, the State Bar of Georgia lawyer referral service can help you find one with family law experience in the Elberton area.
For straightforward uncontested divorces, self-help forms are available through the Georgia Courts self-help portal. For contested cases involving children, property, or fault-based grounds, consulting an attorney before filing is strongly recommended. The Elbert County clerk can tell you which forms to file but cannot give legal advice.