Burke County Divorce Records
How To Find a Divorce Record In Burke County in 2026
BurkeRecords.org provides access to publicly available information related to divorce records in Burke County, Georgia. Members of the public may find case numbers, filing dates, party names, final decrees, and related court documents. Available record categories include dissolution of marriage filings, final judgments, property settlement agreements, child custody orders, and post-judgment modifications. Access and completeness of records may vary depending on the age of the case and applicable confidentiality provisions.
Divorce records in Burke County may be searched through official resources, including the Clerk of Superior Court, public access terminals at the courthouse, and online tools maintained by the state court system.
Online Searches
1. Clerk of Court Case Search
The Clerk of Superior, State and Juvenile Court for Burke County maintains case records that may be accessible through the court's public index. Basic case information is available at no charge; fees apply for obtaining copies of documents.
2. State Court System Portal
The Georgia Courts statewide portal allows members of the public to search court records, access directories, file forms, and retrieve data across jurisdictions within Georgia. This consolidated database is particularly useful when the county of filing is uncertain.
3. State Vital Records
Georgia does not issue divorce certificates through the state vital records office in the same manner as birth or death certificates. The Georgia Department of Public Health maintains a Divorce Verification Letter service, which confirms that a divorce was granted but does not reproduce the full court record. Members of the public seeking a verification letter may contact the Georgia Department of Public Health. Fees apply for this service.
In-Person Searches
Clerk of Court — Burke County Judicial Center
Burke County Clerk of Superior, State and Juvenile Court
Courthouse Square, 602 Liberty Street
Waynesboro, GA 30830
Phone: (706) 554-2279
Clerk of Superior, State and Juvenile Court
Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Members of the public may search case files, view documents, request certified copies, and use public access terminals with staff assistance available during business hours.
By Mail
Written requests for divorce records may be submitted by mail to the Clerk of Superior Court at the address listed above. Each request should include the full names of both parties, the approximate date of the divorce, the case number if known, the requestor's contact information, and payment for applicable copy fees. A self-addressed stamped envelope should be included to facilitate return of documents. Processing time is typically one to two weeks, depending on case volume and whether records require retrieval from archives.
By Phone
The Clerk's office may be reached at (706) 554-2279. Staff can confirm whether a case exists, provide the case number, confirm case status, and verify the filing date. Detailed document contents, copies of filings, and confidential information cannot be provided by telephone.
Through Attorneys
An attorney licensed in Georgia may access divorce case files on behalf of a client, including requesting sealed documents upon a proper showing to the court. Members of the public seeking legal representation may consult the State Bar of Georgia's lawyer referral service, which connects individuals with attorneys practicing in family law.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Georgia
- Names of children, if applicable
- Names of attorneys of record, if known
Search in Correct County
Under Georgia law, a divorce action is filed in the Superior Court of the county where the defendant spouse resides. If the defendant resides outside Georgia, the action is filed in the county where the petitioner resides. Members of the public who are uncertain of the filing county may need to search multiple counties. The county where the marriage ceremony occurred is not necessarily the county of filing.
Residency Requirement
Pursuant to O.C.G.A. § 19-5-2, at least one spouse must have been a bona fide resident of Georgia for six months preceding the filing of the divorce petition. The action is filed in the Superior Court of the county of the defendant's residence.
Time Considerations
Recent divorce filings may not appear in online indexes immediately following the final hearing. Members of the public should allow several business days to weeks for processing after a final order is entered. Older records, particularly those predating electronic filing systems, may be archived and require additional retrieval time. Cases that have not yet been finalized will not appear as completed divorce records.
What If You Cannot Find a Record
Common reasons a record may not be located include searching the wrong county, name variations between married and maiden names, spelling differences, a case that remains pending, very old records held in off-site storage, or a case that has been sealed by court order. Members of the public encountering these issues may contact the Clerk's office at (706) 554-2279, attempt alternate name spellings, search under both spouses' names, or consult the Georgia Department of Public Health's divorce verification service.
What Are Burke County Divorce Records?
Divorce records in Burke County are official court documents generated during and after dissolution of marriage proceedings in the Burke County Superior Court. These records are maintained by the Clerk of Superior Court as part of the family law case file and constitute public records subject to applicable access provisions under Georgia law.
Types of Divorce Records:
- Petition for Dissolution of Marriage — the initiating pleading filed by the petitioner, identifying both parties, the marriage date, grounds for divorce, and relief requested
- Response or Answer — the respondent's formal reply, including any counterpetition
- Financial Affidavits — sworn statements disclosing income, expenses, assets, and liabilities for both parties
- Parenting Plans — documents establishing legal and physical custody, timesharing schedules, and decision-making responsibilities when minor children are involved
- Marital Settlement Agreement — a comprehensive written agreement resolving property division, support, and custody issues
- Court Orders and Temporary Orders — interim orders governing custody, support, and use of property during the pendency of the case
- Final Judgment of Dissolution — the court's conclusive order ending the marriage, signed by the assigned judge
- Qualified Domestic Relations Orders (QDROs) — separate orders directing the division of retirement plan benefits
- Post-Judgment Modifications — subsequent petitions and orders modifying custody, support, or other provisions
Purpose of Divorce Records:
Divorce records serve legal purposes including proof of marital status for remarriage, name change documentation, property transfer, estate planning, immigration proceedings, and Social Security benefit determinations. They also serve personal purposes such as genealogical research and verification of divorce terms.
Who Maintains Divorce Records:
The Clerk of Superior Court is the primary custodian of all divorce case files in Burke County. The Burke County Clerk of Superior, State and Juvenile Court indexes records by party names and provides certified copies upon request. The Georgia Department of Public Health maintains a separate divorce verification service for cases statewide.
Legal Framework:
Divorce proceedings in Georgia are governed by O.C.G.A. § 19-5-1 et seq., which establishes the grounds for divorce, procedural requirements, and the jurisdiction of the Superior Court over dissolution of marriage actions. Public access to court records is governed by the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., which establishes a presumption of public access to government records while permitting specific exemptions for sensitive information.
Are Burke County Divorce Records Public?
Divorce records in Burke County are public court records subject to the Georgia Open Records Act. Members of the public may access basic case information, docket entries, court orders, and final judgments. Certain categories of information within a divorce file are restricted or may be sealed by court order to protect sensitive personal data.
What Is Public:
- Case number and filing date
- Names of parties and attorneys of record
- Court hearing dates and docket entries
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from public filings
- Bank account and credit card numbers are redacted
- Detailed tax returns may be filed under seal or with restricted access
Children's Information:
- Names and addresses of minor children may be redacted
- Schools attended by children are not disclosed
- Child custody evaluations and guardian ad litem reports may be sealed
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and medical records
- Substance abuse treatment information
- Personal addresses in cases involving protective orders
Sealed Records:
A court may seal all or part of a divorce case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under Georgia law and are not part of the public record.
Who Can Access Records:
- General Public: May access public portions of the case file, view docket summaries, and obtain copies of non-restricted documents upon payment of applicable fees
- Parties to the Case: Have full access to their own case file, including confidential documents
- Attorneys: May access case files on behalf of clients and may petition the court for access to sealed records upon a proper showing
- Researchers and Media: May access public portions of the record; access to sealed records requires a court order
Prohibited Uses:
Members of the public are prohibited from using divorce records for stalking, harassment, identity theft, fraudulent purposes, or violation of protective orders. Permitted uses include legal proceedings, background research, genealogical research, news reporting, and personal verification.
How Much Does It Cost to Get Divorce Records in Burke County?
The Burke County Clerk of Superior Court charges standard fees for copies and certified documents in accordance with Georgia law. Current fees are as follows:
| Service | Fee |
|---|---|
| Certified copy of final decree or judgment | $2.50 per page + $2.50 certification fee |
| Plain (non-certified) copy | $0.25 per page |
| Search fee (when applicable) | Varies; contact Clerk's office |
| Georgia DPH Divorce Verification Letter | $10.00 per request |
Fees are subject to change; members of the public should confirm current rates with the Clerk's office at (706) 554-2279 prior to submitting a request. Accepted payment methods at the Burke County Clerk's office include cash, money order, and checks made payable to the Clerk of Superior Court. Electronic payment options, if available, should be confirmed directly with the office.
Inspection of public records at the courthouse is available at no charge. Fees apply only when copies are requested. Under the Georgia Open Records Act, O.C.G.A. § 50-18-71, agencies may charge for the actual cost of search, retrieval, and copying, but may not charge for inspection alone. Fee waivers are not broadly available for divorce records; parties to the case who demonstrate indigency may petition the court for a waiver of certain court costs.
What's Included in Divorce Records in Burke County
A complete divorce case file maintained by the Burke County Clerk of Superior Court contains documents generated at every stage of the proceeding. The scope of the file depends on whether the case was contested or uncontested and whether children or significant assets were involved.
Basic Case Information:
- Case caption including case number, court name, and names of petitioner and respondent
- Name of the assigned judge and attorneys of record
- Filing date, case type, and jurisdictional basis
Initial Pleadings:
- Petition for Dissolution of Marriage, including marriage date and location, grounds for divorce, identification of children, property claims, and relief requested
- Response or Answer, including any counterpetition filed by the respondent
- Financial affidavits from both parties disclosing income, monthly expenses, assets, and liabilities
Discovery Documents:
- Financial disclosure materials including tax returns, pay stubs, bank statements, investment and retirement account statements, and loan documents
- Interrogatories and answers under oath
- Requests for production and responsive documents
- Property inventories and appraisals
Children-Related Documents (if applicable):
- Parenting plan establishing legal and physical custody, timesharing schedule, holiday provisions, and decision-making responsibilities
- Child support calculation worksheet reflecting income, overnights, health insurance costs, and childcare expenses
- Custody evaluations ordered by the court, which may be sealed
- Guardian ad litem reports, which may be restricted
Support Documents:
- Alimony or spousal support orders specifying type, amount, duration, and termination conditions
- Income and standard-of-living analysis supporting support determinations
Settlement Documents:
- Marital Settlement Agreement addressing property division, debt allocation, support terms, and attorney fee provisions
- Mediation agreement, if the case was mediated (mediation communications remain confidential)
Court Orders and Final Judgment:
- Temporary orders governing custody, support, and property use during the case
- Final Judgment of Dissolution containing findings of fact, conclusions of law, property division, support orders, custody and timesharing provisions, and any name restoration
- Qualified Domestic Relations Orders, if retirement accounts were divided
Post-Judgment Documents:
- Petitions and orders modifying custody, support, or other provisions
- Contempt motions and enforcement actions
- Income deduction orders and liens
Confidential or Redacted Information:
- Social Security numbers and financial account numbers are redacted from public filings
- Children's residential addresses and school information are not disclosed
- Domestic violence details, mental health evaluations, and substance abuse records may be sealed
- Mediation communications are confidential and not filed with the court
How to Get Proof of Divorce in Burke County?
Proof of divorce in Burke County may be obtained through two primary channels: a certified copy of the Final Judgment of Dissolution from the Clerk of Superior Court, or a Divorce Verification Letter from the Georgia Department of Public Health.
Certified Copy from the Clerk of Superior Court:
A certified copy of the final divorce decree is the most comprehensive form of proof and is accepted for legal purposes including remarriage, name changes, property transfers, and immigration proceedings. Members of the public may obtain a certified copy by:
- Visiting the Burke County Clerk of Superior Court in person at 602 Liberty Street, Waynesboro, GA 30830, during business hours (Monday–Friday, 8:00 a.m.–5:00 p.m.)
- Submitting a written request by mail with the names of both parties, approximate divorce date, case number if known, and payment for applicable fees
- Contacting the Clerk's office at (706) 554-2279 to confirm availability and current fees before submitting a request
Georgia Department of Public Health — Divorce Verification Letter:
For cases where only confirmation of the divorce is needed rather than the full decree, the Georgia Department of Public Health issues Divorce Verification Letters. This service is available for divorces granted in Georgia and requires the names of both parties, the county of divorce, and the approximate year. The current fee is $10.00 per request.
Burke County Clerk of Superior, State and Juvenile Court
602 Liberty Street
Waynesboro, GA 30830
Phone: (706) 554-2279
Clerk of Superior, State and Juvenile Court
Can a Divorce Be Confidential in Burke County?
Divorce proceedings in Burke County are presumptively public under the Georgia Open Records Act; however, specific portions of a case file may be made confidential by court order or by operation of law.
- Sealed by Court Order: A party may petition the Superior Court to seal all or part of a divorce file upon a showing of good cause. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties and any children involved.
- Domestic Violence Cases: When a divorce involves allegations of domestic violence or active protective orders, the court may restrict access to addresses, contact information, and related evidence to protect the safety of the victim.
- Children's Information: Under Georgia court rules, information identifying the residential address, school, or medical details of minor children may be redacted from publicly accessible filings.
- Financial Account Numbers and Social Security Numbers: These are redacted from all public filings as a matter of standard practice.
- Mediation Records: Communications made during court-ordered mediation are confidential under Georgia law and are not filed with the court or accessible to the public.
- Mental Health and Medical Records: Records of this nature introduced in a divorce proceeding may be filed under seal upon motion by either party.
Members of the public seeking access to sealed records must file a motion with the Burke County Superior Court demonstrating a legitimate legal basis for access.
How Long Does Burke County Keep Divorce Records?
Burke County Superior Court divorce records are retained in accordance with the Georgia Superior Court Clerks' Authority records retention schedules and applicable state law.
- Permanent Retention: Final judgments of dissolution of marriage, including the final divorce decree, are retained permanently as part of the official court record. These records do not expire and remain accessible indefinitely.
- Complete Case Files: The full case file, including pleadings, financial affidavits, and orders, is retained for a minimum of seven years following the close of the case under standard Georgia court records retention schedules. Many counties retain complete files for significantly longer periods.
- Post-Judgment Modification Files: Records of post-judgment proceedings, including custody and support modifications, are retained as part of the original case file and follow the same retention schedule.
- Archived Records: Older case files, particularly those predating electronic filing systems, may be transferred to off-site storage or microfilm archives. Retrieval of archived records may require additional processing time.
- Electronic Records: Cases filed through Georgia's electronic filing system are maintained in digital format and are subject to the same retention requirements as paper records.
Members of the public seeking records from cases closed more than several years ago should contact the Burke County Clerk of Superior Court at (706) 554-2279 to confirm availability and retrieval procedures for archived materials.