Clayton County Divorce Records
What Are Clayton County Divorce Records?
Divorce records in Clayton County are official legal documents maintained by the county's judicial system that document the dissolution of marriage between two individuals. These records are created and maintained pursuant to Georgia Code § 19-5-1, which governs divorce proceedings in the state. The Clayton County Superior Court Clerk's Office serves as the official custodian of these records, maintaining them as part of the county's permanent legal archives.
Divorce records typically consist of several components:
- Petition for divorce (initial filing)
- Summons and proof of service
- Financial affidavits
- Child custody and support agreements (if applicable)
- Property division settlements
- Final judgment and decree of divorce
These documents serve multiple important purposes for citizens, including:
- Providing legal proof of marital status change
- Enabling remarriage
- Supporting legal name changes
- Verifying eligibility for Social Security benefits
- Documenting status for loan applications
- Establishing status for immigration matters
The Clayton County Superior Court Clerk maintains these records in accordance with state retention schedules and provides access to them according to Georgia's public records laws.
Are Clayton County Divorce Records Public?
Clayton County divorce records maintain a complex status regarding public accessibility. Under the Georgia Open Records Act § 50-18-70, most court records, including divorce proceedings, are presumptively open to public inspection. However, this access is subject to important limitations and exceptions.
The public accessibility of divorce records in Clayton County is structured as follows:
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Generally Public: Basic case information including parties' names, case numbers, filing dates, and final disposition are publicly accessible.
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Partially Restricted: Certain sensitive information within divorce files may be redacted or restricted, including:
- Social Security numbers
- Financial account information
- Minor children's identifying information
- Victims of domestic violence information (pursuant to protective orders)
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Sealed Records: In some instances, divorce records may be completely sealed by judicial order when the court determines that privacy interests substantially outweigh the public interest in disclosure.
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Certified Divorce Certificates: Official divorce certificates with the court seal are available only to:
- Parties to the divorce
- Legal representatives with proper authorization
- Individuals with legitimate legal interest (with court approval)
The Clayton County Superior Court Clerk balances the public's right to access government records with individuals' privacy interests in accordance with Georgia Code § 15-6-50, which establishes the duties of superior court clerks regarding record maintenance and access.
How To Find a Divorce Record In Clayton County in 2026
Members of the public seeking divorce records in Clayton County may utilize several methods to locate these documents. The following procedures are currently in effect for accessing divorce records:
In-Person Requests:
- Visit the Clayton County Superior Court Clerk's Office during regular business hours.
- Complete a records request form, providing the names of both parties and approximate date of divorce.
- Present valid government-issued photo identification.
- Pay applicable search and copy fees (currently $0.50 per page for copies, $2.50 for certified copies).
By Mail:
- Submit a written request to the Clayton County Superior Court Clerk's Office.
- Include names of both parties, approximate date of divorce, and case number (if known).
- Enclose a self-addressed stamped envelope and payment for applicable fees.
- Mail request to:
Clayton County Superior Court Clerk
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
(770) 477-3432
Clayton County Superior Court Clerk
Online Access: The Clayton County Superior Court Clerk's Office provides limited online access to divorce case information through their electronic records system. Users may search by party name, case number, or filing date. Complete case files may not be available online, but basic case information can be accessed to verify the existence of records before requesting complete documents.
For certified copies of divorce decrees, requestors must provide proper identification and may be required to demonstrate legitimate interest in the records, particularly if they are not a party to the divorce.
How To Look Up Divorce Records in Clayton County Online?
Clayton County provides digital access to certain divorce record information through several online platforms. The following steps outline the current process for conducting online searches of divorce records:
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Visit the Clayton County Superior Court Clerk's website - Navigate to the Clayton County Superior Court Clerk's electronic records portal.
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Register for an account - First-time users must create an account with valid contact information to access the search functions.
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Select record type - Choose "Domestic Relations" or "Divorce" from the case type options.
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Enter search criteria - Search using at least one of the following:
- Party name (last name, first name)
- Case number (if known)
- Filing date range
- Attorney name (if applicable)
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Review search results - The system will display basic case information including:
- Case number
- Filing date
- Parties' names
- Case status
- Judge assigned
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Access available documents - Some documents may be viewable online, while others require in-person requests.
Additionally, users may access the Georgia Courts E-Access portal which provides a statewide interface for court records, including those from Clayton County.
Important limitations of online searches include:
- Complete case files are typically not available online
- Older records (pre-digital conversion) may not appear in search results
- Sealed or restricted records will not display in public searches
- Document viewing may require payment of access fees
For comprehensive divorce record searches, particularly for cases filed before digital record-keeping was implemented, in-person visits to the Clayton County Superior Court Clerk's Office remain the most reliable method.
How To Find Divorce Records for Free In Clayton County?
Clayton County residents seeking no-cost access to divorce records have several options available, though free access is generally limited to basic information rather than complete file copies. The following methods provide free or low-cost access to divorce record information:
Public Access Terminals: The Clayton County Superior Court Clerk's Office maintains public access terminals at the courthouse where individuals may conduct basic searches of divorce records without charge. These terminals are available during regular business hours at:
Clayton County Superior Court Clerk
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
(770) 477-3432
Clayton County Superior Court Clerk
Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)
Public Library Resources: The Clayton County Library System provides free public computer access where individuals may use the basic online search functions of the court's public records portal. While viewing complete documents may require fees, confirming the existence and basic details of divorce cases is possible at no cost.
Limited Online Searches: The Clayton County Superior Court Clerk's website offers limited free searches that provide basic case information including:
- Case numbers
- Party names
- Filing dates
- Case type
- Current status
It is important to note that while basic record searches may be conducted without charge, fees typically apply for:
- Printed copies of documents ($0.50 per page)
- Certified copies ($2.50 per certification)
- Complete file reviews requiring staff assistance
- Expedited search services
Pursuant to Georgia Code § 15-6-77, which establishes fee schedules for superior court services, certain statutory fees apply to most record requests regardless of the search method.
What's Included in a Divorce Records In Clayton County
Divorce records maintained by the Clayton County Superior Court Clerk's Office contain comprehensive documentation of the entire divorce proceeding. These records typically include the following components:
Initial Filings:
- Petition for Divorce (Complaint)
- Summons and acknowledgment of service
- Verification of residency requirements
- Standing domestic relations order
Financial Documentation:
- Domestic Relations Financial Affidavits from both parties
- Asset and liability disclosures
- Income verification (pay stubs, tax returns)
- Pension and retirement account information
Child-Related Documents (if applicable):
- Parenting plans
- Child support worksheets and calculations
- Child support addendum
- Custody evaluations
Procedural Documents:
- Motion filings and responses
- Hearing notices and scheduling orders
- Deposition transcripts
- Discovery materials
- Temporary orders
Settlement Documents:
- Separation agreements
- Property division settlements
- Alimony/spousal support agreements
- Mediation results
Final Judgment:
- Final Judgment and Decree of Divorce
- Findings of Fact and Conclusions of Law
- Name restoration orders (if applicable)
- Qualified Domestic Relations Orders (QDROs) for retirement accounts
The comprehensiveness of divorce records varies based on whether the divorce was contested or uncontested, the complexity of assets involved, and whether children were part of the proceedings. All documents filed with the court become part of the official record maintained by the Clayton County Superior Court Clerk in accordance with state record retention requirements.
How To Get Proof of Divorce In Clayton County?
Individuals requiring official proof of divorce in Clayton County must obtain a certified copy of the Final Judgment and Decree of Divorce. This document serves as legal verification of marital dissolution and is required for various legal purposes. The following procedures apply for obtaining certified proof of divorce:
In-Person Requests:
- Visit the Clayton County Superior Court Clerk's Office.
- Complete a "Request for Certified Copies" form.
- Provide the following information:
- Full names of both parties as they appear on the divorce decree
- Approximate date of divorce (month and year)
- Case number (if known)
- Present valid government-issued photo identification.
- Pay the certification fee (currently $2.50 per certification plus $0.50 per page).
- Certified copies are typically provided while you wait if the record is readily accessible.
Mail Requests:
- Send a written request including:
- Names of both parties
- Date of divorce
- Case number (if known)
- Number of certified copies requested
- Return address
- Daytime phone number
- Include a copy of your government-issued photo ID.
- Enclose a check or money order for applicable fees.
- Mail to:
Clayton County Superior Court Clerk
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
(770) 477-3432
Clayton County Superior Court Clerk
Electronic Certification: The Clayton County Superior Court Clerk's Office now offers eCertification services for certain records. This service allows users to:
- Request certified copies online
- Pay fees electronically
- Receive digitally certified documents
- Verify certification through secure validation codes
Certified copies of divorce decrees contain the official seal of the court and signature of the clerk, making them acceptable for legal purposes including:
- Remarriage license applications
- Name changes on government documents
- Immigration proceedings
- Social Security benefit applications
- Insurance claims
Pursuant to Georgia Code § 15-6-62, certified copies of court records have the same evidentiary value as original documents when properly authenticated by the court clerk.
Can a Divorce Be Confidential In Clayton County?
Under certain circumstances, divorce proceedings and records in Clayton County may be subject to confidentiality protections. While Georgia law generally favors public access to court records, several mechanisms exist to protect sensitive information in divorce cases:
Sealing of Records: The court may order divorce records sealed in their entirety when:
- The parties demonstrate compelling privacy interests that outweigh the public interest in disclosure
- Disclosure would create risk of harm to a party or child
- Trade secrets or proprietary business information would be compromised
- Extraordinary circumstances exist justifying confidentiality
Requests to seal records must be made through formal motion to the court and are granted at judicial discretion pursuant to Uniform Superior Court Rule 21.
Redaction of Sensitive Information: Even when complete sealing is not granted, certain information is routinely redacted from publicly accessible divorce files:
- Social Security numbers
- Financial account numbers
- Minor children's identifying information
- Medical records
- Victims' addresses in cases involving domestic violence
Protective Orders: The court may issue protective orders limiting disclosure of specific information during discovery and proceedings when disclosure would cause:
- Annoyance, embarrassment, or oppression
- Undue burden or expense
- Risk to personal safety
Domestic Violence Considerations: In cases involving domestic violence, additional confidentiality protections may apply under the Georgia Family Violence Act § 19-13-1 to shield victims' location and contact information.
Parties seeking confidentiality protections must specifically request them; confidentiality is not automatically granted in divorce proceedings. The Clayton County Superior Court balances privacy interests against the presumption of public access to court records on a case-by-case basis.
How Long Does a Divorce Take In Clayton County?
The duration of divorce proceedings in Clayton County varies significantly based on several factors. The following timeframes represent current processing times under normal court operations:
Uncontested Divorces: When both parties agree on all terms, including property division, child custody, and support:
- Minimum waiting period: 31 days from filing and service
- Typical processing time: 45-60 days
- Factors affecting timeline:
- Court calendar congestion
- Completeness of submitted paperwork
- Judge's review schedule
Contested Divorces: When parties disagree on one or more substantive issues:
- Average duration: 6-12 months
- Complex cases: 12-24+ months
- Timeline milestones include:
- Filing to temporary hearing: 30-60 days
- Discovery period: 3-6 months
- Mediation: 4-8 months from filing
- Final trial (if necessary): 8-18 months from filing
Factors Influencing Timeline:
- Case complexity (assets, businesses, retirement accounts)
- Child custody disputes
- Attorney scheduling conflicts
- Court docket congestion
- Willingness of parties to negotiate
- Need for expert witnesses or evaluations
According to statistics from the Administrative Office of Georgia Courts, the average disposition time for domestic relations cases in Clayton County Superior Court is approximately 180 days, though individual cases may resolve more quickly or take substantially longer depending on circumstances.
The Clayton County Superior Court has implemented case management procedures to promote timely resolution of divorce cases, including mandatory status conferences and alternative dispute resolution requirements. However, statutory waiting periods and due process requirements establish minimum timeframes that cannot be shortened regardless of party agreement.
How Long Does Clayton County Keep Divorce Records?
Clayton County maintains divorce records according to Georgia's records retention schedules, which establish minimum retention periods for various court documents. The following retention periods currently apply to divorce records:
Permanent Retention:
- Final Judgment and Decree of Divorce
- Property settlement agreements
- Child custody determinations
- Name change orders
- Case indices and dockets
These records are maintained indefinitely by the Clayton County Superior Court Clerk and are eventually transferred to archival storage while remaining accessible for research and certified copies.
Long-Term Retention (75+ years):
- Complete case files for divorces involving:
- Real property divisions
- Pension or retirement account divisions
- Ongoing alimony obligations
- Child support orders
Medium-Term Retention (15-30 years):
- Supporting documentation in uncontested divorces without children
- Financial affidavits and disclosures
- Temporary orders
- Procedural motions and orders
The retention of divorce records is governed by Georgia Code § 15-6-73, which authorizes the development of records management programs for court documents. The Georgia Department of Archives and History, in conjunction with the Administrative Office of the Courts, establishes specific retention schedules.
It is important to note that while physical paper records may be destroyed after applicable retention periods, the Clayton County Superior Court has digitized many older records, extending their practical availability beyond the required retention periods. Additionally, microfilm copies of essential divorce documents from earlier periods are maintained in the state archives.
Individuals seeking historical divorce records should contact the Clayton County Superior Court Clerk's Office for information about availability and access procedures for older records.
How To Get a Divorce In Clayton County
Individuals seeking to dissolve a marriage in Clayton County must follow specific procedures established by Georgia law. The following steps outline the current process for obtaining a divorce:
Residency Requirements: Before filing, at least one spouse must have been a Georgia resident for six months immediately preceding the filing, pursuant to Georgia Code § 19-5-2.
Filing Procedures:
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Prepare the Petition for Divorce and related documents:
- Verification form
- Domestic Relations Financial Affidavit
- Standing Domestic Relations Order
- Child support worksheets (if applicable)
- Parenting plan (if children involved)
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File documents with the Clayton County Superior Court Clerk at:
Clayton County Superior Court Clerk
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
(770) 477-3432
Clayton County Superior Court Clerk
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Pay the filing fee (currently $214.00) or submit a Pauper's Affidavit if unable to afford the fee.
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Serve the non-filing spouse with copies of all documents through:
- Sheriff's service
- Private process server
- Acknowledgment of Service (if cooperative)
- Publication (if spouse cannot be located)
Uncontested Divorce Process: If both parties agree on all issues:
- Prepare a Settlement Agreement addressing all aspects of the divorce
- File the agreement with the court
- Schedule an uncontested hearing (typically brief)
- Attend the hearing where the judge reviews and potentially approves the agreement
- Receive the Final Judgment and Decree of Divorce
Contested Divorce Process: If parties disagree on one or more issues:
- Participate in mandatory mediation
- Engage in discovery (document exchanges, depositions)
- Attend temporary hearings for interim arrangements
- Participate in status conferences and pre-trial hearings
- Proceed to trial if settlement cannot be reached
- Receive the judge's ruling and Final Judgment
The Clayton County Superior Court Clerk's Office provides forms and information for self-represented litigants, though the court strongly recommends seeking legal counsel for divorce proceedings due to their complexity and significant legal consequences.
How To Get Divorce Papers In Clayton County
Individuals seeking divorce documents in Clayton County have several options for obtaining the necessary paperwork. The following resources are currently available:
Clayton County Superior Court Clerk's Office: The clerk's office provides basic divorce forms and packets for self-represented litigants. These materials can be obtained:
- In person at:
Clayton County Superior Court Clerk
Harold R. Banke Justice Center
9151 Tara Boulevard
Jonesboro, GA 30236
(770) 477-3432
Clayton County Superior Court Clerk
Hours: Monday-Friday, 8:00 AM - 5:00 PM (excluding holidays)
- Online through the Clayton County Superior Court Clerk's forms page, which provides downloadable PDF versions of:
- Petition for Divorce
- Verification form
- Domestic Relations Financial Affidavit
- Child Support Worksheet
- Parenting Plan templates
- Final Judgment and Decree templates
Georgia Legal Aid: Self-represented litigants may access free divorce forms and instructions through:
- Georgia Legal Aid's website
- Self-Help Centers located in the courthouse
Law Library Resources: The Clayton County Law Library, located in the Harold R. Banke Justice Center, provides:
- Reference materials on divorce procedures
- Form books with sample pleadings
- Computer access for form completion
- Staff assistance with locating (but not completing) forms
Family Law Information Center: Clayton County maintains a Family Law Information Center that provides:
- Procedural information
- Form packets
- Referrals to legal resources
- Limited assistance to self-represented litigants
It is important to note that while forms are readily available, the Clayton County Superior Court Clerk's Office strongly recommends that parties seek legal advice when handling divorce matters. Court personnel cannot provide legal advice or assist with form completion beyond providing blank templates.
For complex divorces involving significant assets, businesses, or contested child custody, consultation with a qualified attorney is particularly advisable to ensure proper preparation and filing of all required documents.
Lookup Divorce Records in Clayton County
Divorce Information - Clayton County, Georgia
Clerk of Superior Court - Clayton County, Georgia