Forsyth County Divorce Decree Records
Forsyth County divorce decree records are kept by the Clerk of Superior Court in Cumming, Georgia. The clerk's office is the official source for certified copies of divorce decrees and all divorce case files in the county. Under the Georgia Open Records Act, most divorce records are available to the public, and any person can submit a request. This guide explains how to get Forsyth County divorce records, what they contain, applicable fees, and where to find legal assistance.
Forsyth County Divorce Decree Quick Facts
How to Get Forsyth County Divorce Decrees
The Forsyth County Clerk of Superior Court manages all divorce records for the county. The office is at 100 E. Courthouse Square, Cumming, GA 30040. Reach them by phone at (770) 781-2120. The Forsyth County website has contact details and may provide additional information on clerk services and hours. Visiting the Cumming courthouse in person is the most direct way to get a certified copy of a divorce decree in Forsyth County.
When you go to the clerk's office, bring the full legal names of both parties and the approximate year the divorce was filed. A case number helps staff find the record faster. Bring a valid photo ID. Forsyth County is one of the fastest-growing counties in Georgia, and the clerk's office handles a high volume of family and civil cases. Having all your information ready before you visit ensures a faster, more efficient process.
Mail requests are accepted at 100 E. Courthouse Square. Write a clear request with full case details, a self-addressed stamped envelope, and the correct fee. Call (770) 781-2120 first to confirm the current fee before mailing. Mail requests take longer than in-person visits. For older archived records, ask the clerk whether retrieval from storage requires additional time.
What Forsyth County Divorce Records Contain
A Forsyth County divorce decree is the Superior Court's final order ending a marriage. It names both parties by their full legal names, states the date the divorce was granted, is signed by the presiding judge, and sets out all terms the court approved. Property division, debt allocation, spousal support, and, in cases involving children, custody arrangements, visitation schedules, and child support are all included. This document is legally binding on both parties after the divorce is finalized.
Certified copies of the decree are needed for many things after divorce. Remarriage in Georgia or another state requires proof the prior marriage ended legally. Government agencies use it for name change requests. Courts rely on it to enforce custody or support terms. Financial institutions may require it for account updates. Forsyth County, with its rapidly growing population, sees many people seeking divorce records for these practical purposes. Getting extra certified copies during your initial visit to the clerk is far simpler than returning later.
The full case file at the Forsyth County clerk's office includes more than just the final decree. It may contain the original petition, financial affidavits, motions, court orders, and any settlement agreement. Most of these are public. Some may be restricted under a court seal. Note: Ask the clerk whether any portion of the file you need has restricted access before submitting a full case request.
Forsyth County Divorce Record Fees
Copy fees for divorce records in Forsyth County are set by the clerk's office and can change. Call (770) 781-2120 before your visit to get current rates. Certified copies cost more than plain photocopies. The total depends on the page count of the decree and any attached orders. 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.
When a divorce case is first filed in Forsyth County Superior Court, a filing fee is charged. This is separate from copy fees paid when requesting records later. The filing fee is set by the court and may be adjusted periodically. If cost is a concern, ask the clerk about fee waiver options. Georgia courts can waive fees for qualifying individuals based on financial need.
Note: Forsyth County clerk's office likely accepts multiple payment methods. Confirm accepted types before your visit to avoid delays.
Georgia Divorce Laws That Govern Forsyth County Cases
Georgia state law governs all divorces filed in Forsyth County. Under OCGA 19-5-1, Georgia courts can grant divorces on multiple grounds. The no-fault ground of irretrievable breakdown of the marriage is the most common, and neither party needs to prove wrongdoing. Fault-based grounds under OCGA 19-5-3 include adultery, desertion, cruel treatment, and habitual intoxication, among others. The majority of Forsyth County divorces proceed on no-fault grounds.
At least one spouse must have lived in Georgia for six months before filing, 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. Forsyth County Superior Court has exclusive jurisdiction over all divorce matters in the county. Complex cases involving significant assets or contested custody may take considerably longer than the minimum waiting period.
Once the decree is issued and filed in Forsyth County, it becomes a public record under the Georgia Open Records Act. Open access is the default. Courts can seal specific records by order, but that is the exception rather than the standard for divorce decrees.
Public Access to Forsyth County Divorce Records
Forsyth 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 Cumming without being a party to the case. Visit 100 E. Courthouse Square, provide the party names and approximate filing date, pay the fee, and receive a certified copy if the file is on-site. This direct in-person approach is the most reliable way to access Forsyth County divorce records.
The image below shows the Forsyth County Clerk of Superior Court office, where all divorce decree records for the county are filed and maintained.
The Forsyth County website has contact information for the clerk's office and may include current hours and service details.
The Cumming courthouse clerk's office manages divorce decree records for all cases filed in Forsyth County and processes records requests from the public.
For state-level divorce verifications from 1952 to 1996, the Georgia Department of Public Health at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, phone (404) 657-2700, maintains a separate database. These records verify a divorce occurred but do not include the full decree. For certified copies of Forsyth County divorce decrees, the county clerk in Cumming is the source. The Georgia Courts website provides general information about Superior Court procedures statewide.
Note: Forsyth County does not currently offer a public online portal for searching divorce case records. In-person or mail contact with the clerk remains the standard approach.
Legal Help for Divorce in Forsyth County
Georgia Legal Aid provides free legal services to qualifying residents and can help with divorce filings and court procedures. Georgia Legal Services Program may also serve north Georgia residents. 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 Forsyth County cases.
For uncontested divorces, self-help forms are available at the Georgia Courts self-help portal. Given Forsyth County's generally high asset values and complex cases, consulting an attorney before filing is often worthwhile, even for seemingly simple divorces. The clerk's office can tell you which forms to file but cannot give legal advice.