Franklin County Dissolution of Marriage
Franklin County dissolution of marriage records are held at the Circuit Clerk office in Benton, the county seat. The 2nd Judicial Circuit Court handles all divorce and dissolution filings for Franklin County residents. Whether you need to search an existing case or find a certified copy of a final decree, the Circuit Clerk is the right place to start. Franklin County has roughly 39,000 residents, and the court handles a steady volume of family law cases each year. This guide covers how to access dissolution of marriage records, what the process involves, and where to find help in Franklin County.
Franklin County Quick Facts
Franklin County Circuit Clerk
The Circuit Clerk in Franklin County is James Muir. His office holds all dissolution of marriage case files for the county. This includes petitions, orders, settlement agreements, and final decrees. Staff can help you search for cases by name or case number. If you need a certified copy of a dissolution decree, this is the office that can give you one.
The clerk's office is in Benton, which sits in the southern part of Illinois. The 2nd Judicial Circuit serves several counties in that region, and Franklin County is one of them. You can call ahead to confirm office hours before you make the trip. The office handles walk-in requests and can process mail-in requests for copies as well. For dissolution of marriage records in Franklin County, the clerk office is your primary source.
| Circuit Clerk | James Muir |
|---|---|
| Address | P.O. Box 485 Benton, IL 62812 |
| Phone | 618/439-2011 |
| Fax | 618/439-4119 |
| Judicial Circuit | 2nd Judicial Circuit |
| County Seat | Benton, IL |
Online Dissolution of Marriage Records in Franklin County
Franklin County is one of the Illinois counties that participates in the Judici system. Judici is a free online court records portal that lets you search case information without going to the courthouse. You can find dissolution of marriage cases by name or case number. Basic case data like filing dates, party names, and case status are available at no charge. Visit www.judici.com to search Franklin County records online.
The Illinois Courts website also lists all circuit court clerks and their contact information. You can use this to confirm details for the Franklin County clerk before reaching out. Go to www.illinoiscourts.gov for the full clerk directory. Online access is a good first step when you want to confirm a case exists before requesting certified copies.
The Judici portal shows active and closed dissolution of marriage cases for Franklin County going back several years. It is free to use and does not require an account.
Filing Fees for Dissolution of Marriage in Franklin County
Filing fees for dissolution of marriage in Franklin County follow Illinois state guidelines. The fee to file a petition for dissolution is set by the circuit court and can vary slightly from county to county. In most Illinois counties, the base filing fee runs between $200 and $250. Copy fees for certified documents typically run $2 to $6 per page, plus a certification fee. Call the Franklin County Circuit Clerk at 618/439-2011 to get the exact current fees before you file or request records.
If you cannot afford the filing fee, you may ask the court for a fee waiver. You file an Application to Sue or Defend as an Indigent Person with the clerk. The judge reviews it and can waive all or part of the cost. This does not affect how the court handles your case. Illinois courts take these requests seriously, and many low-income filers qualify for full waivers.
Note: Fees can change when the Illinois General Assembly updates court cost statutes, so always confirm current amounts with the clerk.
Dissolution of Marriage Process in Franklin County
Dissolution of marriage in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5/. Under 750 ILCS 5/401, at least one spouse must have lived in Illinois for 90 days before filing. Franklin County residents file their petition with the Circuit Clerk in Benton. The petition starts the case, and the other spouse must be served with notice of the filing.
Illinois uses a no-fault system. The only ground for dissolution is an irreconcilable breakdown of the marriage. You do not need to prove fault or wrongdoing. If both spouses agree, a joint simplified dissolution may be available under 750 ILCS 5/452 for short marriages with limited assets and no children. For most cases, the parties work through property division under 750 ILCS 5/503 and child support under 750 ILCS 5/505 before a judge signs the final decree.
The court may also issue temporary orders for support, custody, or use of property while the case is open. These orders are part of the public record in Franklin County. Once the judge signs the final decree of dissolution, the marriage is legally ended. That decree becomes a permanent court record held by the Circuit Clerk.
The Illinois Courts website provides standardized forms for dissolution cases, including petitions, financial disclosures, and parenting plan templates that Franklin County filers can use.
What Franklin County Dissolution Records Include
A dissolution of marriage file in Franklin County can hold many documents. The petition is the first filing. It names both parties, states the date of marriage, and asks the court to dissolve the marriage. The response from the other spouse is also part of the file. Any temporary orders issued during the case are included too.
The settlement agreement or marital settlement agreement is a key document. It spells out how the parties divided their property and debts, any maintenance (alimony), and if there are children, how custody and support will work. Under Illinois Supreme Court Rule 138, certain personal information like Social Security numbers and financial account numbers must be redacted from public filings. The final decree of dissolution is the document most people need. It is signed by the judge and states that the marriage is legally dissolved. You can get a certified copy from the Circuit Clerk in Franklin County.
Dissolution records in Franklin County are public under the Illinois Freedom of Information Act, 5 ILCS 140/. Anyone can request copies. Some records tied to minor children may have restricted access, but most of the file is open.
- Petition for dissolution of marriage
- Proof of service on the other party
- Temporary orders for support or custody
- Marital settlement agreement
- Parenting plan (if children are involved)
- Final decree of dissolution
IDPH Dissolution of Marriage Verification
The Illinois Department of Public Health maintains a separate index of dissolution of marriage records for the state. IDPH does not issue certified copies, but it can verify that a dissolution took place. This service covers divorces from 1962 to the present. For cases before 1962, you need to go directly to the Franklin County Circuit Clerk.
The IDPH charges $5 per search. You submit a written request by mail with the names of both parties, the approximate year of dissolution, and the county where it was filed. IDPH returns a written verification. The process takes 4 to 6 weeks by mail. This is useful if you need to confirm a dissolution happened but do not need the full court file. The IDPH office is at 925 E. Ridgely Ave, Springfield, IL 62702-2737, and you can call them at (217) 782-6554.
The IDPH dissolution of marriage records page explains what information the state index contains and how to submit a verification request by mail.
Legal Help for Franklin County Dissolution Cases
If you need help with a dissolution of marriage case in Franklin County, several resources are available. Illinois Legal Aid Online provides free legal information and guided forms for people who cannot afford a lawyer. Their divorce section at www.illinoislegalaid.org walks you through the process step by step. You can also use their Easy Form tool to build your own court documents at no cost.
For help getting copies of your court records, Illinois Legal Aid has a separate guide at www.illinoislegalaid.org that explains what to ask for and how to submit a records request to the Franklin County clerk. The Illinois Courts website also has standardized forms for dissolution cases at www.illinoiscourts.gov. These are the official forms used in Franklin County and across the state.
Illinois Legal Aid Online explains the process for requesting dissolution of marriage records from the Franklin County Circuit Clerk and other Illinois courts.
Note: Legal aid groups in southern Illinois may provide direct assistance to Franklin County residents who meet income guidelines.
Cities in Franklin County
No city in Franklin County meets the 50,000 population threshold for a dedicated city page. Benton is the county seat and the main population center. All residents of Franklin County, including those in West Frankfort, Zeigler, and Christopher, file dissolution of marriage cases at the Circuit Clerk office in Benton.
Nearby Counties
These counties border Franklin County. Each has its own Circuit Clerk office. If you are unsure which county to file in, check which county you currently live in, as that determines where you must file for dissolution of marriage.