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Divorce in Cherokee County, Georgia: costs, court rules and local help
Summary
Divorces in Cherokee County are filed with the Cherokee County Superior Court. The filing fee is $218, and sheriff service is $50 per copy served.
Cherokee County is its own judicial circuit, the Blue Ridge Judicial Circuit.[1] If you don't have a lawyer, you have to attend the court's free Family Law Workshop within 45 days after the other spouse is served.[2]
Where to file
Cherokee County Clerk of Courts
Cherokee County Justice Center, 90 North Street, Suite G-170
Canton, GA 30114
Phone: 678-493-6511[3]
Filing fee
$218 to file. Sheriff service: $50 per copy served.[4]
Parenting class
Parents with children under 18 must attend a divorcing parents seminar, and the judge won't make the divorce final until both parents have. You don't have to attend together. The clerk links to an online seminar run by the Ninth District ADR office.[5]
Mediation
Every contested divorce and other domestic case is referred to mediation. You don't have to reach a settlement, but you do have to take part. Cases under the Family Violence Act, and cases the mediation office screens out as unsuitable, aren't referred. The judge can excuse a case if you file a written motion explaining why.[2]
Court forms
The clerk posts two uncontested divorce packets, one with minor children and one without, plus a motion for judgment on the pleadings. Clerk staff can't give legal advice or fill out forms for you. Go to the forms.[6]
Standing order
A domestic relations standing order signed March 5, 2025 applies to every domestic case. Among other things, it bars harassing the other party, the children or the family's pets; selling or hiding property or changing beneficiaries on accounts and insurance; cutting off utilities, phone or internet; canceling insurance; and changing passwords or locking the other spouse out of accounts. In a new custody case, neither parent can take the children out of Georgia without the court's permission or the other parent's written approval, though short trips are allowed with a written itinerary. With children, the filing spouse has to finish the parenting seminar within 31 days of filing, and the other spouse within 31 days of being served.[2]
Also good to know
Hearings aren't scheduled automatically. To get one, you send a rule nisi to the assigned judge's office with an estimate of how long the hearing will take. A contested final hearing is set only after both sides send a consolidated pretrial order to the judge. An uncontested divorce can be finished on a motion for judgment on the pleadings, if the judge allows it.[2]
Free and low-cost help in Cherokee County
- Family Law Workshop. A free online workshop for people handling their own family case, presented by volunteer lawyers from the local bar association. It's required if you don't have a lawyer. Sign up through the Court Administrator's office by email at courtadmin@brjc.net.[7]
- Cherokee Family Violence Center. Emergency shelter, safety planning and legal advocates who help with temporary protective orders. Its 24-hour crisis line is 770-479-1703, and 770-720-7050 in Spanish.
Phone: 770-479-1804[8] - Georgia Legal Services Program. Free civil legal help, including family law, for people with low incomes in 154 of Georgia's 159 counties. Apply online or call the intake line.
Phone: 833-457-7529[9]
If you need an interpreter
If you or a witness needs an interpreter, including sign language, tell the court in writing before the hearing, at least 5 days ahead where you can. The court then works to provide a licensed interpreter at its own expense.[10]
Cherokee County Superior Court website
Sources
- ^ O.C.G.A. § 15-6-1, judicial circuits (Justia) (law.justia.com)
- ^ Cherokee County Superior Court, domestic relations standing order (PDF): key points, mediation, standing order and other court rules (cherokeecourtclerk.com, PDF)
- ^ Cherokee County Clerk of Courts, contact (cherokeecourtclerk.com)
- ^ Superior Courts of Georgia cost schedule effective July 1, 2024, posted by the Cherokee County Clerk of Courts (cherokeecourtclerk.com)
- ^ Cherokee County Clerk of Courts, Divorcing Parents Seminar (cherokeecourtclerk.com)
- ^ Cherokee County Clerk of Courts, divorce packets (cherokeecourtclerk.com)
- ^ Cherokee County Clerk of Courts, Domestic Standing Order (cherokeecourtclerk.com)
- ^ Cherokee Family Violence Center (cfvc.org)
- ^ Georgia Legal Services Program, what we do (glsp.org)
- ^ Uniform Superior Court Rule 7.3, interpreters (rulesofcivilprocedure.com)
Court fees and rules change. Check with the clerk before you file. If something here looks out of date, email help@divorce.city.