Towns County Divorce Records
Towns County divorce decree records are kept by the Clerk of Superior Court in Hiawassee, Georgia. The clerk's office maintains certified copies of all final divorce orders, the full case files for every divorce processed in the county, and the docket of all proceedings. If you need to find a Towns County divorce decree, get a certified copy, or review the terms of a prior court order, the Hiawassee courthouse is your starting point. This guide explains the request process, what records contain, applicable fees, and the Georgia laws governing divorce in Towns County.
Towns County Divorce Decree Quick Facts
How to Get Towns County Divorce Decrees
The Towns County Clerk of Superior Court is at 48 River Street, Hiawassee, GA 30546. Call (706) 896-2130 to confirm office hours and what you need to bring. The county website may have current contact and service information. Towns County is a small mountain county; calling ahead before making the trip is always a smart move. Staff can tell you what to expect before you come in.
To request a divorce decree, have the full legal names of both spouses and the approximate year the divorce was finalized. A case number speeds up the search if you have it. Under Georgia's open records rules, any member of the public can request court records. You do not need to be a party to the case. Bring a valid photo ID. Fees are paid at the time of the request. For certified copies, which are needed for most official uses, tell the clerk specifically that you need a certified version. Mail requests are accepted; write to the office and ask for the current fee schedule before sending payment.
What Towns County Divorce Decrees Contain
The final divorce decree from Towns County Superior Court is a binding court order that ends a marriage and sets out every term the judge approved. Property division is addressed in the decree: which assets each spouse receives from the marital estate, how the family home or land is handled, and how any financial accounts are divided. Debts are assigned between the parties. If alimony was ordered, the decree specifies the amount and how long payments continue. When minor children were involved, the decree includes the full custody arrangement, the visitation schedule, and the child support amount. Every provision is enforceable by the court. A party who fails to comply can be brought back before a judge.
The full case file at the Towns County Clerk of Superior Court holds additional material beyond the final decree. It includes the original divorce petition, any response or counterclaim filed by the other spouse, financial affidavits showing income and assets, motions made during the case, any temporary orders entered while the case was pending, and parenting plans if children were part of the proceedings. This broader record is useful when you need to trace the case history, verify what was agreed to at an earlier stage, or understand how a particular term came to be. Fees apply per page for copies of any documents in the file.
A short divorce certificate from the Georgia Department of Public Health is different. It only confirms that a divorce was recorded. If you need the actual terms of the court order, the Towns County Superior Court decree is the document you need.
Towns County Divorce Decree Fees
The Towns County Clerk of Superior Court charges per-page fees for copies of divorce records. Plain copy fees in Georgia county courts generally run between $0.50 and $2.50 per page. Certified copies cost more because the clerk's official seal and signature are applied to the document. That certification makes it acceptable in legal proceedings, government agency submissions, and name change applications. Ask for a certified copy by name when you make your request if you have any official use planned for the document. Plain copies are fine for personal reference only.
For divorces registered in Georgia between 1952 and 1996, the Georgia Department of Public Health can confirm whether a record exists in their statewide index. Contact their Vital Records office at 1680 Phoenix Blvd, Suite 100, Atlanta, GA 30349, or call (404) 657-2700. Visit the Vital Records page for the process. DPH only confirms the fact of divorce; it does not supply the decree or the terms it contains. For the actual decree, the Towns County clerk holds the only records regardless of the year.
Georgia's divorce statute at OCGA 19-5-3 lists all 13 recognized grounds for divorce in the state and is available through the Justia legal database.
The no-fault ground provided in this statute is the most commonly cited option in Towns County divorce filings and does not require proof of fault by either spouse.
Georgia Divorce Laws in Towns County
Georgia law governs divorce proceedings across the state, and the rules in Towns County are the same as everywhere else. The residency requirement under OCGA 19-5-2 says at least one spouse must have been a Georgia resident for six months before a petition can be filed. The case goes to the Superior Court of the county where either spouse currently lives. Where the marriage took place does not determine where you file.
Georgia recognizes 13 grounds for divorce under OCGA 19-5-3. The most common in Towns County and across the state is the no-fault ground: the marriage is irretrievably broken. No proof of wrongdoing is needed. Other grounds such as adultery, willful desertion, habitual intoxication, and cruel treatment exist for contested cases but require evidence and tend to make proceedings longer. For uncontested divorces in Towns County, the no-fault ground is the practical choice.
After the respondent is served with the petition, a mandatory 30-day waiting period runs before a final decree can be entered. This applies in all Georgia divorces. Self-represented parties can get official forms through the Georgia Courts self-help portal. The authority of Georgia Superior Courts to grant divorces statewide is set out in OCGA 19-5-1.
Public Access to Towns County Divorce Records
Under the Georgia Open Records Act, divorce decrees and case files in Towns County Superior Court are public records. Any person can submit a request to the clerk's office without providing a reason or having any connection to the case. The clerk processes the request, locates the file, and provides copies after the applicable fees are paid. The default position in Georgia is that court records are open.
Courts can seal records in limited circumstances. Files may be sealed when they contain sensitive information about minor children, financial data that poses fraud risks, or when both parties have agreed to sealing and the court has approved. A sealed file will be acknowledged as existing but will not be released without a court order directing access. Most Towns County divorce cases are not sealed, and a standard records request to the Hiawassee clerk's office will get you access to the available documents.
Legal Help in Towns County
Towns County is a small mountain county with limited local attorney options. Georgia Legal Services Program serves the northeast Georgia region, including Towns County, and provides free legal assistance to income-eligible residents for divorce and family law matters. Apply online or by phone to check eligibility. Georgia Legal Aid has free online guides and self-help tools for Georgia divorce law that anyone can use without an income requirement.
For contested cases or those involving significant assets or custody disputes, the State Bar of Georgia operates a lawyer referral service to connect you with a licensed family law attorney. The Georgia Courts website provides court directory information, official forms, and resources for self-represented litigants in Superior Court statewide.