Find Fayette County Divorce Decrees

Fayette County divorce decree records are maintained by the Clerk of Superior Court in Fayetteville, Georgia. The clerk's office is the official source for certified copies of divorce decrees and case files in the county. Under Georgia's open records law, most divorce decrees are available to the public, and any person can submit a request. This guide covers how to get Fayette County divorce records, what they contain, applicable fees, and where to find legal help.

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How to Get Fayette County Divorce Decrees

The Fayette County Clerk of Superior Court maintains all divorce records for the county. The office is at 1 Center Drive, Fayetteville, GA 30214. Call (770) 716-4290 to confirm current hours and ask about fees. The Fayette County government website may have additional information on clerk services. Visiting the Fayetteville courthouse in person is the most direct way to get a certified copy of a divorce decree in Fayette County.

Bring the full legal names of both parties and the approximate year the divorce was filed when you visit. A case number speeds up the search but is not required. Bring a valid photo ID. Staff can search by name or case number and pull the file if it is on-site. Fayette County is a fast-growing suburban county south of Atlanta, so the clerk handles a significant volume of cases. Coming with as much information as possible about the case will help staff locate the record quickly.

Mail requests are accepted at 1 Center Drive. Write your request with full case details, a self-addressed stamped envelope, and payment for the copy fee. Confirm the current fee by calling before mailing. Mail requests take longer than in-person visits, especially during busy periods. For older archived records, ask the clerk in advance whether retrieval from storage takes extra time.

Residents of Peachtree City file their divorce cases with the Fayette County Superior Court. The clerk's office in Fayetteville handles all Fayette County divorce records regardless of city of residence within the county.

What Fayette County Divorce Records Contain

A Fayette County divorce decree is the Superior Court's final order ending a marriage. It identifies both parties by their full legal names, states the date the divorce was granted, bears the judge's signature, and includes all terms the court approved. Property division, debt allocation, spousal support, child custody, visitation schedules, and child support amounts are all spelled out in the decree when they were part of the case. The decree is legally binding on both parties and on courts that may need to enforce it later.

Certified copies of the divorce decree are regularly needed after the marriage ends. Remarriage in Georgia or another state requires proof the prior marriage was legally dissolved. Government agencies, financial institutions, and courts accept certified copies as legal proof. Name change applications at the DMV, Social Security, and passport agencies often require it. Getting extra certified copies at the time of your initial request avoids having to return to Fayetteville later.

The full case file at the Fayette County clerk's office also includes the original petition, financial disclosures, motions, court orders, and any settlement agreement. These are generally public records. Some documents may be restricted by court order, particularly those involving minor children or sealed financial records. Note: Ask the clerk whether any portion of the file you need is sealed before requesting the complete case record.

Fayette County Divorce Decree Fees

Copy fees for divorce records in Fayette County are set by the clerk's office and can change. Call (770) 716-4290 before your visit to get the current rate. Certified copies cost more than plain photocopies. The total depends on the number of pages in the decree. Georgia county clerks typically charge a few dollars per page for certified copies. Ask for an estimate when you call so you know what to bring.

A filing fee applies when a divorce case is first opened in Fayette County Superior Court. This is separate from copy fees paid when requesting records later. If financial hardship applies, ask the clerk about fee waiver options. Georgia courts can waive fees for qualifying individuals. The clerk can tell you what documentation is needed for a waiver request.

Note: Fayette County clerk's office may accept cash, check, money order, or credit card. Confirm accepted payment types before your visit.

Georgia Divorce Laws in Fayette County

All Fayette County divorces are governed by Georgia state law. Under OCGA 19-5-1, Georgia courts can grant divorces on multiple grounds. The most common is the no-fault ground of irretrievable breakdown of the marriage, which does not require either party to prove fault. Fault-based grounds are available under OCGA 19-5-3, covering adultery, desertion, cruel treatment, habitual intoxication, and other specific grounds. Most Fayette County cases are filed on no-fault grounds.

Before filing in Fayette County, at least one spouse must have lived in Georgia for six months, as set out in 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 single brief hearing. Fayette County Superior Court has exclusive jurisdiction over all divorce matters in the county.

Once the divorce decree is issued and filed in Fayette County, it becomes a public record under the Georgia Open Records Act. Open access is the default. Specific records can be sealed by court order, but that is not the norm for standard divorce decrees.

Public Access to Fayette County Divorce Records

Fayette 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 Fayetteville. You do not need to be a party to the case. Visit 1 Center Drive, provide the party names and approximate date, pay the fee, and receive a certified copy if the file is available on-site. This direct approach is the most reliable way to get Fayette County divorce decree records.

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 from 1952 to 1996. These verify that a divorce occurred but do not include the full decree. For certified copies of Fayette County divorce decrees, the county clerk is the source. The Georgia Courts website has general information about the Superior Court system.

Fayette County does not currently offer a public online portal for searching divorce case records. In-person or mail contact with the clerk in Fayetteville is the standard approach. The image below is from the Georgia DPH vital records office, one secondary resource for confirming historical divorce records in the state.

For state verifications, visit Georgia DPH Vital Records. For Fayette County certified copies, contact the clerk in Fayetteville.

fayette county divorce decree

All Fayette County certified divorce decree copies are available from the Clerk of Superior Court at 1 Center Drive in Fayetteville, Georgia.

Legal Help for Divorce in Fayette County

Georgia Legal Aid provides free legal services to qualifying Fayette County residents and can help with divorce filings and court procedures. Georgia Legal Services Program may also serve the area for eligible clients. For those who prefer a private attorney, the State Bar of Georgia lawyer referral service can connect you with a family law attorney experienced in Fayette County cases.

For uncontested divorces where both parties agree on all terms, self-help forms are available at 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 Fayette County clerk can tell you which forms to file locally but cannot give legal advice.

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