Franklin County Divorce Decree Records

Franklin County divorce decree records are held by the Circuit Court Clerk in Benton, where dissolution of marriage cases filed in the 2nd Judicial Circuit's Franklin County division are stored on permanent record and made available for public access. This guide explains how to search for Franklin County divorce records, obtain a certified copy of a decree, use the Illinois IDPH statewide verification service, and access legal help if you are dealing with a divorce case in this county.

Franklin County Circuit Clerk Office

James Muir serves as the Circuit Court Clerk for Franklin County. The clerk's office in Benton holds all civil and domestic court records for the county, including every divorce decree and dissolution of marriage judgment entered by the 2nd Judicial Circuit in Franklin County. Certified copies of divorce decrees can only be obtained from this office.

The office is open Monday through Friday. Call before visiting to confirm hours. Mail requests are accepted. Send a written request with both parties' full names, the approximate year the divorce was filed, a copy of your photo ID, and a self-addressed stamped envelope. Payment by check or money order made out to the Franklin County Circuit Clerk is standard for mail requests.

Franklin County Online Records Access

The Franklin County government website provides county office contact information and general guidance for court-related services. It is a good starting point before calling the Circuit Clerk's office directly.

Franklin County is included in the Judici.com free public case search system. Search by party name or case number to find basic case information including filing dates, case status, and hearing history. This tool does not show the full text of a decree but will give you the case number needed for a certified copy request. The re:SearchIL portal also covers Franklin County for statewide case lookups.

Note: For divorce cases filed before digital indexing, a direct call to the clerk's office is your most reliable option. Staff can search physical records manually using party names and filing years.

Requesting a Certified Copy

A certified copy of a divorce decree is a court-stamped document recognized by government agencies, courts in other states, and financial institutions as legal proof of dissolution. Only the Franklin County Circuit Clerk can issue certified copies for cases filed in this county.

Call (618) 439-2011 to ask about the current fee schedule before submitting a request. Fees in Illinois are charged per page plus a certification charge and can vary by county. Bring valid photo ID when requesting in person. For mail requests, include your ID information, both parties' names, the approximate year of filing, and payment by check or money order.

In-person requests in Benton are generally handled the same day if the file is accessible in the current system. If you know the case number from a Judici search, include it with your request to speed up retrieval. Older records may take additional time to locate from physical storage.

IDPH Verification Service

The Illinois Department of Public Health maintains a statewide index of dissolutions of marriage from 1962 to the present. IDPH can send a verification letter confirming a divorce was finalized in Illinois. This is not a certified copy of the decree and does not contain terms, property orders, or custody details. It is simply confirmation that the state has a record of the dissolution.

Send your request to: Illinois Department of Public Health, Division of Vital Records, 925 E. Ridgely Ave., Springfield, IL 62702-2737. The fee is $5 per verification. Processing by mail takes four to six weeks. Full details are at the IDPH dissolution of marriage records page.

IDPH verification is suitable when you just need proof that a divorce occurred. If you need the actual decree with its specific terms, go to the Franklin County Circuit Clerk instead.

Illinois Divorce Law

All divorce cases in Illinois are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). You must live in Illinois for at least 90 days before filing. Irreconcilable differences is the sole grounds for divorce in Illinois. If a couple has lived separately for six continuous months, the court treats that as irrebuttable proof that the marriage is over.

Under Section 104 of the Act, the case is filed in the county where either spouse lives. Franklin County holds records for divorces filed while either party lived here. Those records do not move, even if both parties later relocate.

Court records in Illinois are public under 735 ILCS 5/. The IDPH statewide index is governed by the Vital Records Act (410 ILCS 535/).

Legal Resources

Illinois Legal Aid Online provides free guidance on the entire divorce process, from filing to final judgment. It is written in plain language and covers all stages, including what documents you need and how to handle hearings. The site also helps you find legal aid organizations in the 2nd Circuit area that serve Franklin County residents who need direct legal assistance.

Free standardized divorce forms approved for use statewide are available on the Illinois Courts website. These are the right forms to use when filing in Franklin County. They cover the petition, financial affidavit, parenting plan, and final judgment document.

Electronic filing through eFileIL is required for attorneys and available to self-represented parties. Check with the Franklin County Circuit Clerk before filing to confirm local requirements for your case type.

Nearby Counties

Divorce records stay in the county where the case was filed. If you are not sure the filing was in Franklin County, check these neighboring clerk offices.