Franklin County Public Records /Franklin County Divorce Records

Franklin County Divorce Records

How To Find a Divorce Record In Franklin County in 2026

FranklinILRecords.org provides access to publicly available information related to divorce records in Franklin County, Illinois. Members of the public may find dissolution of marriage filings, final decrees, case numbers, and related court documents through official channels. Available record categories may include petitions for dissolution, final judgments, property settlement agreements, child custody orders, and support determinations. Access and completeness of records vary depending on the date of filing and the nature of the case.

Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are available to members of the public seeking Franklin County divorce records.

Online Searches

1. Clerk of Court Case Search

The Franklin County Circuit Clerk maintains case records for all matters heard in Franklin County Courts. Members of the public may search basic case information at no charge. Obtaining copies of documents may require payment of applicable fees.

2. State Court System Portal

The Franklin County Courthouse directory on Illinois Courts provides jurisdictional information and court contact details. The Illinois Courts system serves as a consolidated reference for locating the appropriate court for a given case.

3. State Vital Records

The Illinois Department of Public Health maintains dissolution of marriage indexes but does not issue certified copies of dissolution records. As stated by the Illinois Department of Public Health, "Certified copies are available from the circuit court clerk in the county where the dissolution was granted." Members of the public seeking certified copies must contact the Circuit Clerk directly.

In-Person Searches

Franklin County Circuit Clerk — Family Division

Franklin County Circuit Clerk
1 Public Square
Benton, Illinois 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County

Hours: Monday – Friday, 8:00 a.m. – 4:00 p.m.

Services available in person include:

Searching case files by party name or case number
Viewing filed documents at public access terminals
Requesting certified copies of final decrees and orders
Staff assistance with locating records

Records Department

Older and archived dissolution cases may be stored separately from active files. Members of the public seeking records from earlier decades should notify clerk staff at the time of the request, as retrieval of archived materials may require additional processing time.

By Mail

Written Request

Mail requests to:

Franklin County Circuit Clerk
PO Box 485
Benton, Illinois 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County

Written requests should include:

Full legal names of both parties
Maiden names, if applicable
Approximate date of the dissolution
Case number, if known
Requestor's full name and contact information
Purpose of the request, if required
Payment for applicable copy fees
A self-addressed stamped envelope for return correspondence

Processing time for mail requests is subject to current clerk workload and is not guaranteed within a fixed timeframe.

By Phone

The Franklin County Circuit Clerk may be reached at (618) 435-9800. Staff can confirm whether a case exists in the system, provide a case number, confirm case status, and verify the filing date. Staff cannot provide detailed document contents, copies of filed materials, or confidential case information by telephone.

Through Attorneys

An attorney licensed in Illinois may access court records on behalf of a client, request sealed documents upon a proper showing, and assist with complex or older cases. The Illinois State Bar Association provides a lawyer referral service for members of the public seeking legal representation.

Information Needed for Search

Essential Information:

Full legal names of both spouses
Maiden names, if applicable
Approximate date of dissolution
Case number, if known

Helpful Information:

Date and location of marriage
Prior addresses in Franklin County
Names of minor children
Names of attorneys of record, if known

Search in Correct County

Under Illinois law, a petition for dissolution of marriage is filed in the county where either spouse resides at the time of filing. 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 where the dissolution was filed.

Residency Requirement

Pursuant to 750 ILCS 5/401, at least one spouse must have been a resident of Illinois for a minimum of 90 days before a judgment of dissolution may be entered. The petition is filed in the county of that spouse's residence.

Time Considerations

Recent Dissolutions: Records from recently finalized cases may not appear in the system immediately following the final hearing. Members of the public should allow several business days to weeks for processing after the final judgment is entered.

Older Dissolutions: Cases predating electronic filing systems may be archived in paper format and may not be digitized. Retrieval of such records may require additional time and advance notice to clerk staff.

What If You Cannot Find a Record

Common reasons a record may not be located include:

The dissolution was filed in a different county
Name variations between married and maiden names
Spelling differences in party names
The case remains pending and has not been finalized
The record is archived and requires special retrieval
The case has been sealed by court order

Members of the public encountering difficulty locating a record may contact the Circuit Clerk at (618) 435-9800, attempt alternate name spellings, search under both spouses' names, or consult the Illinois Department of Public Health dissolution of marriage index.

What Are Franklin County Divorce Records?

Franklin County divorce records are official court documents generated during and after dissolution of marriage proceedings filed in the Franklin County Circuit Court. These records are maintained by the Circuit Clerk as part of the court's permanent case files and constitute public records subject to applicable state law.

Types of Divorce Records

Court Case Files contain the complete record of a dissolution proceeding, including:

Petition for dissolution of marriage
Response or answer to the petition
Financial affidavits from both parties
Parenting plans and custody agreements
Marital settlement agreements
Motions, orders, and hearing transcripts
Final judgment of dissolution

Final Decree is the official court order terminating the marriage. It establishes the date of dissolution, division of marital property, spousal support obligations if any, child custody and visitation arrangements, child support orders, and any court-ordered name restoration. Certified copies of the final decree are available through the Franklin County Circuit Clerk.

Supporting Documents may include financial disclosure statements, property inventories, appraisals, parenting plan details, and post-judgment modification orders.

Purpose of Divorce Records

Dissolution records serve numerous legal and personal purposes, including:

Establishing proof of marital status for remarriage
Documenting name changes
Supporting immigration proceedings
Facilitating estate planning and property transfers
Verifying Social Security benefit eligibility
Genealogical and family history research

Who Maintains Divorce Records

The Franklin County Circuit Clerk is the primary custodian of dissolution records and maintains complete case files indexed by party names. The Illinois Department of Public Health maintains a statewide dissolution of marriage index but does not issue certified copies.

Legal Framework

Dissolution of marriage proceedings in Illinois are governed by the Illinois Marriage and Dissolution of Marriage Act, codified at 750 ILCS 5/101 et seq. Public access to court records is governed by Illinois Supreme Court Rules and the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.

Are Franklin County Divorce Records Public?

Divorce records filed in Franklin County Circuit Court are public court records subject to the presumption of public access under Illinois law. Members of the public may access basic case information, docket entries, and most filed documents. Certain categories of information are restricted or may be sealed by court order.

What Is Public:

Case number and filing date
Names of parties to the proceeding
Attorneys of record
Court hearing dates and docket entries
Court orders and judgments
Final judgment of dissolution
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 subject to limited access
Certain financial statements may be filed under seal

Children's Information:

Addresses where minor children reside
Schools children attend
Medical and psychological evaluations of children
Child custody evaluations may be sealed
Guardian ad litem reports are restricted

Sensitive Personal Information:

Domestic violence allegations and supporting evidence
Mental health and substance abuse treatment records
Medical records
Personal addresses in cases involving protective orders

Sealed Records

A court may seal all or part of a dissolution case file upon a proper showing. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential under Illinois law and are not part of the public record.

Who Can Access Records

Requestor	Access Level
General public	Public documents and docket entries
Parties to the case	Full access to own case file
Attorneys of record	Full case file access
Law enforcement	Statutory access to restricted records
Researchers and media	Public portions; court permission required for sealed records

Restrictions on Use

Members of the public who obtain dissolution records may not use such records for stalking, harassment, identity theft, or any purpose that violates an existing protective order. Permitted uses include legal proceedings, background verification, genealogical research, news reporting, and academic research.

Obtaining Confidential Records

A party seeking access to sealed or restricted records must file a motion with the court demonstrating good cause. The court evaluates such requests on a case-by-case basis, applying a balancing test between the public interest in transparency and the privacy interests of the parties. Certain governmental entities, including child protection investigators and court-appointed evaluators, have statutory access to restricted materials.

How Much Does It Cost to Get Divorce Records in Franklin County?

The Franklin County Circuit Clerk charges standard fees for copies and certified copies of court records. Current fees are established pursuant to 705 ILCS 105/27.1, which governs clerk fees in Illinois circuit courts.

Standard Fee Schedule:

Service	Fee
Photocopies of court documents	$0.25 per page (standard)
Certified copy of final decree	$6.00 per certification plus per-page copy fee
Certification fee	$6.00 per document
Search fee (if applicable)	Varies by request type

Notes on Fees:

Inspection of records at the courthouse is available at no charge
Electronic copies, where available, may be subject to separate fees
Fees are subject to change; members of the public should confirm current fees with the Circuit Clerk at (618) 435-9800 prior to submitting a request
Accepted payment methods include cash, money order, and personal check made payable to the Franklin County Circuit Clerk; members of the public should confirm whether credit or debit card payments are accepted

Fee Waivers

Members of the public who are parties to the case and who qualify as indigent may petition the court for a waiver of fees pursuant to applicable Illinois Supreme Court Rules. The Circuit Clerk's office can provide information on the fee waiver application process.

What Is Available at No Charge:

In-person inspection of public case documents at the courthouse
Basic case status information provided by telephone
Online docket information, where available through the court's public access system

What's Included in Divorce Records in Franklin County

A complete dissolution of marriage case file maintained by the Franklin County Circuit Clerk 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, case number, and court division
Names of petitioner and respondent
Judge assigned to the case
Attorneys of record
Filing date and case type designation

Initial Pleadings:

The Petition for Dissolution of Marriage identifies both parties, states the date and location of the marriage, provides the basis for dissolution under Illinois law (at present, Illinois is a no-fault state requiring only a showing of irreconcilable differences), identifies minor children, and sets forth the relief requested. The Response states the respondent's position and may include a counterpetition. The Illinois Courts system provides approved statewide forms for divorce, child support, and maintenance that are used in Franklin County proceedings.

Financial Affidavits disclose both parties' income from all sources, monthly expenses, assets including real property, vehicles, bank and investment accounts, and retirement accounts, as well as all liabilities.

Discovery Documents may include interrogatories and answers, requests for production of documents, financial records, tax returns, pay stubs, bank statements, and business financial statements where applicable.

Property-Related Documents:

Marital asset inventory with descriptions and values
Debt inventory covering mortgages, loans, and credit obligations
Appraisals and expert valuations of real property, businesses, and personal property
Qualified Domestic Relations Orders (QDROs) for division of retirement accounts

Children-Related Documents (where applicable):

Parenting plan establishing legal and physical custody, timesharing schedules, holiday provisions, and decision-making responsibilities
Child support calculation worksheets reflecting income, overnights, health insurance, and childcare costs
Custody evaluations prepared by court-appointed psychologists or evaluators
Guardian ad litem reports, which are restricted from general public access

Support Documents:

Spousal support or maintenance orders specifying type, amount, duration, and termination conditions
Income and standard-of-living analysis supporting maintenance determinations

Settlement Documents:

Marital Settlement Agreement resolving all contested issues, including property division, debt allocation, support terms, and attorney fee provisions
Mediation agreements, where applicable, incorporated into the settlement

Court Orders and Judgments:

Temporary orders addressing custody, support, and use of property during the pendency of the case
Final Judgment of Dissolution containing the court's findings of fact, conclusions of law, all property and support orders, custody determinations, and the judge's signature and seal
Post-judgment modification orders and enforcement actions, if any

What Is Typically Confidential or Sealed:

Social Security numbers and financial account numbers (redacted)
Children's residential addresses and school information
Mental health evaluations and substance abuse records
Domestic violence evidence in cases with protective orders
Mediation communications
Settlement negotiations not incorporated into filed documents

Documents are organized chronologically within the case file, with each filing assigned a date and document number. The docket serves as the index of all filed materials. Recent cases are maintained in electronic format; older cases may exist in paper or hybrid format.

How to Get Proof of Divorce in Franklin County?

Proof of dissolution of marriage in Franklin County is obtained through a certified copy of the Final Judgment of Dissolution issued by the Franklin County Circuit Clerk. A certified copy bears the clerk's official seal and signature and is accepted as legal proof of divorce for remarriage, name change, immigration, and other official purposes.

Steps to Obtain a Certified Copy:

Identify the case. Confirm the case number and filing county. The Franklin County Circuit Clerk can assist with locating a case by party name.
Submit a request. Requests may be made in person, by mail, or by telephone inquiry to confirm availability.
Provide identifying information. Supply the full legal names of both parties, the approximate date of dissolution, and the case number if known.
Pay applicable fees. The current certification fee is $6.00 per document plus per-page copy costs. Payment should be confirmed with the clerk prior to submission.
Receive the certified copy. In-person requests are processed at the time of the visit, subject to staff availability. Mail requests are processed in the order received.

Franklin County Circuit Clerk
1 Public Square
Benton, Illinois 62812
Phone: (618) 435-9800
Circuit Clerk - Franklin County

Hours: Monday – Friday, 8:00 a.m. – 4:00 p.m.

As noted by the Illinois Department of Public Health, the state vital records office does not issue certified copies of dissolution records; the circuit court clerk in the county where the dissolution was granted is the sole source of certified copies.

Members of the public who are parties to the case and require proof of divorce for immigration purposes should confirm with the relevant federal agency whether additional authentication, such as an apostille, is required. Apostille services for Illinois court documents are available through the Illinois Secretary of State.

Can a Divorce Be Confidential in Franklin County?

Dissolution of marriage proceedings in Franklin County are presumptively public, but Illinois law and court rules permit certain records or portions of records to be treated as confidential under defined circumstances.

Circumstances Under Which Records May Be Confidential:

Court-ordered sealing: A party may file a motion requesting that the court seal all or part of the case file. The court applies a balancing test weighing the public interest in open proceedings against the privacy interests of the parties and any minor children.
Domestic violence cases: Where a party has obtained an order of protection or where the case involves allegations of domestic violence, the court may restrict access to addresses, contact information, and related evidence to protect the safety of the victim.
Children's information: Under Illinois Supreme Court Rules, certain information identifying minor children, including residential addresses, school enrollment, and medical or psychological records, is subject to restricted access.
Mental health and medical records: Records pertaining to mental health treatment, substance abuse treatment, and medical conditions are protected under both state and federal law, including HIPAA, and are not part of the publicly accessible court file.
Mediation communications: Pursuant to the Illinois Uniform Mediation Act, 710 ILCS 35/1 et seq., communications made during mediation are confidential and are not disclosed in the public record.
Sealed settlements: Parties may request that the terms of a settlement agreement be filed under seal, though courts retain discretion to deny such requests in the absence of a compelling justification.

Members of the public seeking access to sealed records must file a motion with the Franklin County Circuit Court demonstrating a legitimate legal basis for access.

How Long Does Franklin County Keep Divorce Records?

Franklin County Circuit Court maintains dissolution of marriage records in accordance with the Illinois Supreme Court's records retention schedule, which governs the preservation of court files throughout the state.

Retention Periods:

Final judgments and decrees: Permanent retention. The final judgment of dissolution is maintained indefinitely as part of the court's permanent record.
Complete case files: Under current Illinois Supreme Court records retention guidelines, civil case files, including dissolution proceedings, are retained for a minimum of seven years following the close of the case. Cases involving minor children may be retained for a longer period.
Archived paper records: Older dissolution cases that predate electronic filing systems are maintained in paper or microfilm format. These records remain accessible upon request, though retrieval may require additional processing time.
Electronic records: Cases filed under the Illinois electronic filing system are maintained in digital format and are subject to the same retention schedules as paper records.
Post-judgment modification records: Orders modifying custody, support, or other terms of a dissolution judgment are maintained as part of the original case file and are subject to the same retention period as the underlying case.

Members of the public seeking records from cases closed many years ago should contact the Franklin County Circuit Clerk at (618) 435-9800 to confirm availability and retrieval procedures for archived materials.