How Henry County Splits Marriage and Divorce Records
Georgia keeps marriage and divorce in two separate offices. Probate Court issues marriage licenses and keeps the local marriage application file. Superior Court is the only court that can grant a divorce in Georgia, and the Clerk of Superior Court keeps the divorce file. Henry County Probate Court is at 99 Sims Street, McDonough, and the Probate Court phone line is (770) 288-7602. The Clerk of Superior Court is at 1 Courthouse Square, McDonough, with the phone line (770) 288-8022.
Henry County Probate Court jurisdiction, from the official county courts landing page, includes vital records (birth, death, and marriage certificates) and issuance of marriage licenses. The probate role in Georgia is broader than in many states because Probate Court also handles estates, guardianships, weapons-carry licenses, and involuntary commitments. People applying for a marriage license in Henry County interact with the same office that handles estates and guardianships.
Henry County Marriage Licenses
Georgia.gov sets the framework for marriage license eligibility: if at least one applicant is a Georgia resident, the license can be issued by a probate court in any Georgia county. If neither person is a Georgia resident, the license must be issued in the county where the ceremony will take place. Both parties must appear in person at the probate court. The signed license should be returned to the issuing probate court within 30 days of the ceremony, and the marriage certificate is typically mailed back within 30 days.
Required at the application:
- Government-issued photo ID for each applicant.
- Proof of age (driver's license, passport, or birth certificate).
- Proof of divorce or death certificate if a former spouse is involved.
- Social Security numbers as required by Georgia law.
- Payment of the county fee in the form accepted by Probate Court.
Marriage License Application Steps
The steps below follow the Georgia.gov outline for the marriage license process. Each county has its own scheduling and fee details, so confirm specifics with Henry County Probate Court before traveling for the appointment.
- Confirm Georgia residency for at least one applicant, or plan to apply in the county of the ceremony.
- Complete any probate pre-application or scheduling step the county requires.
- Both applicants appear at the Henry County Probate Court with valid ID and proof of age.
- Bring proof of divorce or death of a former spouse if applicable.
- Pay the county fee in the accepted form. Premarital education may reduce the fee under Georgia law.
- Have the ceremony performed by an authorized officiant within the validity window.
- Return the signed license to the issuing Probate Court within 30 days.
- Request certified copies from the Probate Court or from the Georgia DPH depending on the year and record type.
Georgia DPH Marriage Records
The Georgia Department of Public Health provides certified copies of marriage applications and certificates plus marriage verifications. DPH states marriage applications and certificates are available at the State Office of Vital Records from June 1952 to August 1996. Records outside that period are available at the county Probate Office where the license was issued. DPH marriage verifications cover marriages from January 1, 2014 forward. DPH charges a $10 non-refundable search fee plus $5 for each additional copy requested at the time of purchase. Full instructions and mail-in forms are on the official DPH marriage record page.
Note: DPH search fees apply whether or not a record is located.
Marriage and Divorce Fee Snapshot
Local fees in Henry County are set by the Probate Court and the Clerk of Superior Court. Statewide DPH fees are fixed by the Department of Public Health. Confirm county fees with the office before mailing payment.
| Item | Where | Fee |
|---|---|---|
| Marriage license | Henry County Probate Court | County fee; reduced with premarital education under Georgia law |
| Certified marriage copy (older or out-of-range) | Henry County Probate Court | County fee schedule |
| DPH marriage certified copy | Georgia Department of Public Health | $10 search fee plus $5 per additional copy |
| DPH marriage verification | Georgia Department of Public Health | $10 search fee (for marriages on or after 2014-01-01) |
| Divorce filing | Henry County Clerk of Superior Court | Set by Clerk fee schedule |
Henry County Divorce Records
Superior Court has exclusive jurisdiction over divorce in Georgia, and the Henry County Clerk of Superior Court's Civil Division accepts divorce filings. The Clerk page links Filing for a Divorce, Civil & Domestic Forms and Documents, Family Law, and eFiling. Divorce files typically include the complaint for divorce, acknowledgment or service, a domestic relations financial affidavit, a parenting plan if children are involved, child support worksheets, a settlement agreement, temporary orders, and the final judgment and decree. Some divorces include later contempt or modification filings.
Most divorce filings are public, but Social Security numbers, financial-account details, and information about minor children are typically redacted. Domestic violence exhibits and protective-order details may be sealed. The Clerk's eCertification process is available for many divorce-related certified copies, including final decrees.
Filing for Divorce in Henry County
The process follows a standard track. People can file pro se or with counsel. The Clerk Family Law page and the Georgia Courts self-help resources can help with the forms.
- Determine residency and jurisdiction under Georgia law.
- Choose contested or uncontested forms through the Clerk Family Law page or Georgia Courts self-help.
- Prepare the petition, domestic relations financial affidavit, child-related forms if needed, and proposed orders.
- File through eFile if required or available, or in person at the Clerk's office.
- Arrange service on the other party unless service is acknowledged or waived.
- Attend hearings, mediation, and any status conferences as ordered.
- Obtain the final decree and request certified copies if needed.
Confidential Family Court Records
Family files contain sensitive material. Adoption records are sealed under O.C.G.A. § 19-8-23 and are not open to the public for inspection. Juvenile court files sit under separate statutory access rules in Title 15, Chapter 11, Article 9. Temporary protective orders are generally public filings, but addresses, contact details, and safety-sensitive information about a petitioner may be redacted. Domestic relations financial affidavits filed in divorce cases are sometimes sealed by motion when sensitive financial data is involved.
Legitimation and Name Change in Henry County
Two related Superior Court filings often come up alongside marriage and divorce. Legitimation is the legal process for a father to establish legal rights to a child born outside of marriage. The petition is filed in Superior Court, and the Clerk's Family Law forms include the standard legitimation paperwork. Name change, including a name change after divorce that was not addressed in the final decree, is also a Superior Court matter and is handled through the Clerk Civil Division. The Clerk page links "Filing for a name change" alongside "Filing for a divorce."
Note: Final divorce decrees from Henry County Superior Court typically include the name-restoration language when the spouse requested it; a later standalone name change is only needed if the decree did not address the issue.
Adoption Records in Henry County
Adoption files are handled in Henry County Superior Court but are sealed under O.C.G.A. § 19-8-23. The Clerk's Civil Division lists adoption under its menu of services, and the office can provide certified copies to parties or attorneys with proper authorization. The general public cannot access adoption records. Adult adoptees seeking original birth records typically follow a separate Georgia process through Vital Records and may need court approval to access sealed adoption details.
Self-Help for Marriage and Divorce in Henry County
Henry County Clerk pages link to Georgia Legal Aid and the Georgia Courts Legal Self-Help center. The Clerk's Family Law page hosts a sign-up form for local resources. The Clerk Civil Division publishes civil and domestic forms and documents, which are the right starting point for any pro se family-law filing. Mediation may be required for contested divorces; the Sixth Judicial Administrative District ADR program covers Henry County and is linked from the Superior Court page. Anyone considering pro se divorce should still read the Clerk's "common reasons for rejection" page before filing, since a small format error can delay the case by weeks.