Franklin County Divorce Records
How To Find a Divorce Record In Franklin County in 2026
FranklinNYRecords.org provides access to publicly available information related to divorce records in Franklin County, New York. Members of the public may find final divorce decrees, case filing dates, party names, court orders, and related family law documents. Available record categories may include dissolution judgments, property division orders, custody arrangements, and support determinations. Access and completeness of records may vary depending on the case, filing date, and applicable privacy protections.
Divorce records in Franklin County may be searched through official resources including the Franklin County Clerk's Office, the New York State court system, public access terminals, and online document portals. The following methods are available to members of the public seeking these records.
Online Searches
1. Franklin County Clerk Online Document Access
The Franklin County Clerk's Office provides online access to county clerk records, including land and court documents. Members of the public may access county online document availability from their home or office. Basic case information is available at no charge; fees may apply for certified copies or full document retrieval.
2. New York State Courts Electronic Filing (NYSCEF)
The New York State Unified Court System operates the NYSCEF portal at iapps.courts.state.ny.us, which allows searches across New York jurisdictions for electronically filed cases. Divorce proceedings filed in Franklin County Supreme Court may appear in this system for cases filed after electronic filing was implemented.
3. New York State Vital Records
New York State does not issue divorce certificates through the Department of Health in the same manner as birth or death records. As noted by the New York State Archives, divorce records dating since July 1, 1847, are filed in the office of the county clerk where the divorce proceeding occurred. Members of the public seeking proof of divorce should direct requests to the county clerk rather than the state vital records office.
In-Person Searches
Franklin County Clerk's Office — Family Division Records
Franklin County Clerk's Office
355 West Main Street, Suite 248
Malone, NY 12953
Phone: (518) 481-1681
Franklin County Clerk's Office
Members of the public may visit the Clerk's Office during regular business hours to search case files, view documents, request certified copies, and use public access terminals. Staff assistance is available for locating case records by party name or case number.
By Mail
Members of the public may submit written requests for divorce records by mail. The documents page of the Franklin County Clerk's Office provides a Request for Divorce Decree form that may be downloaded and submitted by mail.
Written Request — Mail To:
Franklin County Clerk's Office
P.O. Box 70
Malone, NY 12953
Phone: (518) 481-1681
Franklin County Clerk's Office
A written request should include the full names of both parties, the approximate date of divorce, the case number if known, the requestor's contact information, and payment for applicable copy fees. A self-addressed stamped envelope should be included. Processing time is typically one to two weeks, though older or archived records may require additional time.
By Phone
The Franklin County Clerk's Office may be reached at (518) 481-1681. Staff can confirm whether a case exists, provide a case number, confirm case status, and provide the filing date. Detailed document contents, certified copies, and confidential information cannot be provided by telephone.
Through Attorneys
An attorney licensed in New York State may access divorce case files on behalf of a client, including requesting sealed documents upon a proper showing to the court. Members of the public seeking legal representation may consult the New York State Bar Association Lawyer Referral Service for assistance locating qualified family law counsel.
Information Needed for Search
Essential Information:
- Full legal names of both spouses at the time of the divorce
- Maiden names, if applicable
- Approximate date of divorce or year of filing
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Franklin County
- Names of attorneys of record, if known
- Names of minor children, if applicable
Search in Correct County
Under New York law, divorce proceedings are filed in the Supreme Court of the county where either spouse resided at the time of the action. 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 divorce was filed.
Residency Requirement
Pursuant to New York Domestic Relations Law § 230, one spouse must satisfy the state's residency requirements before a divorce action may be commenced in New York. The statute sets forth specific durational residency conditions, including continuous residence in New York for at least one year prior to filing in certain circumstances.
Time Considerations
Recent Divorces: Cases finalized within the past several weeks may not yet be fully indexed in online systems. Members of the public should allow processing time after the final hearing before expecting records to appear in searchable databases.
Older Divorces: Records predating electronic filing may be archived in paper format. Retrieval of archived records may require additional processing time and a specific written request to the Clerk's Office.
What If You Cannot Find a Record
Common Issues:
- The divorce was filed in a different county
- Name variations between married and maiden names
- Spelling differences in party names
- The case is still pending and has not been finalized
- Very old records are stored in off-site archives
- The case has been sealed by court order
Next Steps:
- Contact the Franklin County Clerk's Office at (518) 481-1681
- Attempt alternate name spellings
- Search under both spouses' names
- Check the New York State Archives for historical records
- Consult a licensed New York attorney for complex searches
What Are Franklin County Divorce Records?
Franklin County divorce records are official court documents generated during and after divorce proceedings filed in the Franklin County Supreme Court. These records constitute part of the public court file and are maintained by the Franklin County Clerk's Office as the primary custodian.
Types of Divorce Records
Court Case Files include the petition for dissolution of marriage, the respondent's answer or counterpetition, financial affidavits, parenting plans, settlement agreements, motions, court orders, and transcripts of court hearings.
The Final Divorce Decree is the official court order that legally dissolves the marriage. It establishes the date of dissolution, the division of marital property, any alimony or spousal support obligations, child custody and visitation arrangements, child support orders, and any court-ordered name changes. Certified copies of the final decree are available through the Franklin County Clerk's Office.
Supporting Documents may include financial disclosure statements, property inventories, appraisals, parenting plan details, and post-judgment modification orders.
Purpose of Divorce Records
Divorce records serve numerous legal and personal purposes, including:
- Proof of marital status for remarriage
- Documentation for name change proceedings
- Property transfer and title documentation
- Estate planning and beneficiary designations
- Immigration proceedings requiring proof of prior marriage dissolution
- Social Security benefit determinations
- Genealogical and family history research
Legal Framework
Divorce proceedings in New York are governed by the New York Domestic Relations Law, which establishes the grounds for divorce, residency requirements, and procedures for dissolution of marriage. Public access to court records is governed by the New York Freedom of Information Law, codified at New York Public Officers Law § 87, which establishes the presumption that government records are open to public inspection unless a specific exemption applies.
Are Franklin County Divorce Records Public?
Divorce records filed in Franklin County are public court records subject to the presumption of public access under New York law. Members of the public may access basic case information, docket entries, court orders, and the final divorce decree. Certain categories of information within a divorce file are restricted or redacted to protect sensitive personal data.
What Is Public:
- Case number and filing date
- Names of the parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and scheduled appearances
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status and docket entries
What May Be Restricted:
Financial Information:
- Social Security numbers (redacted pursuant to court rules)
- Bank account and credit card numbers (redacted)
- Detailed tax returns (may be filed under seal)
- Specific account balances (may have limited access)
Children's Information:
- Residential addresses of minor children
- Names of schools children attend
- Medical and psychological evaluations of children
- Child custody evaluations (may be sealed)
- Guardian ad litem reports (restricted access)
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Medical records of the parties
- Personal addresses in cases involving protective orders
Sealed Records
A court may seal all or part of a divorce file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Members of the public seeking access to sealed records must file a motion with the court and demonstrate a legitimate legal basis for access.
Who Can Access Records:
- General public: May access public portions of the case file, view docket summaries, and obtain copies of public documents upon payment of applicable fees.
- Parties to the case: Have full access to their own case file, including confidential documents.
- Attorneys: Have professional access to case files and may petition the court for access to sealed materials.
- Researchers and media: May access public portions; sealed records require court authorization.
Prohibited Uses:
- Stalking, harassment, or intimidation of any party
- Identity theft or fraudulent purposes
- Violation of existing protective orders
- Any use prohibited by applicable state or federal law
How Much Does It Cost to Get Divorce Records in Franklin County?
The Franklin County Clerk's Office charges standard fees for copies and certified copies of divorce records. Current fees are established pursuant to New York County Law § 909, which governs fees charged by county clerks for official services.
Standard Copy and Certification Fees:
| Service | Fee |
|---|---|
| Plain copy (per page) | $0.65 per page |
| Certified copy of court record | $5.00 per document |
| Search fee (when applicable) | $5.00 |
| Exemplified/authenticated copy | $10.00 |
Notes on Fees:
- Inspection of records at the Clerk's Office public access terminal is available at no charge.
- Fees for certified copies of the final divorce decree are assessed per document, not per page.
- Online access to digitized records through the county's online document portal may be subject to separate access fees established by the county.
- Payment is accepted in the form of cash, check, or money order made payable to the Franklin County Clerk. Members of the public should confirm current accepted payment methods directly with the office prior to submitting a mail request.
- Fee waivers are not routinely available for divorce record requests; parties who are indigent and require records for active legal proceedings may inquire with the court regarding in forma pauperis provisions.
- There is no charge to view records in person at the public access terminal located at the Clerk's Office.
What's Included in Divorce Records in Franklin County
A complete Franklin County divorce case file contains documents generated from the initial filing through the entry of the final judgment and any subsequent post-judgment proceedings. The scope of documents varies depending on whether the divorce was uncontested or contested.
Basic Case Information: Every file includes the case caption with the case number, court name, names of the petitioner and respondent, the assigned judge, and attorneys of record. Filing information includes the date filed, case type, and jurisdictional basis.
Initial Pleadings: The petition for dissolution of marriage sets forth the petitioner's identifying information, the marriage date and location, the date of separation if applicable, the grounds for divorce, information regarding minor children, property claims, and the relief requested. The respondent's answer or counterpetition states the respondent's position, admissions or denials, and any independent requests for relief.
Financial Affidavits: Both parties are required to submit financial affidavits disclosing income from all sources, monthly expenses, assets including real property, vehicles, bank accounts, investments, and retirement accounts, and all liabilities including mortgages, loans, and credit card debt.
Property-Related Documents: The file may include a marital asset inventory, debt inventory, real property appraisals, business valuations, and expert reports on the value of specific assets. The Marital Settlement Agreement, if the parties reached an agreement, comprehensively addresses property division, debt allocation, spousal support, and all other resolved issues.
Children-Related Documents: In cases involving minor children, the file includes a parenting plan addressing legal and physical custody, the timesharing schedule including holidays and vacations, transportation arrangements, and decision-making responsibilities. Child support documentation includes the calculation worksheet, income information, the number of overnight visits, health insurance and childcare costs, and the support amount ordered.
Court Orders and Judgments: Temporary orders may address interim custody, support, and use of marital property during the pendency of the action. The Final Judgment of Dissolution is the court's definitive order ending the marriage, containing findings of fact, conclusions of law, all property and support determinations, custody and child support orders, and any name restoration granted by the court.
Post-Judgment Documents: After entry of the final judgment, the file may be supplemented with petitions to modify custody or support, contempt motions, income deduction orders, and enforcement actions.
What Is Typically Confidential or Redacted:
- Social Security numbers
- Bank account and financial account numbers
- Children's residential addresses and school information
- Domestic violence details (may be sealed)
- Mental health and substance abuse evaluations
- Mediation communications (confidential by statute)
- Settlement negotiations not incorporated into filed agreements
How to Get Proof of Divorce in Franklin County
Proof of divorce in Franklin County is obtained through a certified copy of the final divorce decree issued by the Franklin County Clerk's Office. A certified copy bears the official court seal and the clerk's certification, making it legally acceptable for remarriage, name change, immigration, and other official purposes.
Steps to Obtain a Certified Copy:
- Download the Request for Divorce Decree form from the Franklin County Clerk's documents page.
- Complete the form with the full names of both parties, the approximate date of divorce, and the case number if known.
- Submit the completed form in person or by mail to the Franklin County Clerk's Office at 355 West Main Street, Suite 248, Malone, NY 12953, or P.O. Box 70, Malone, NY 12953.
- Include payment for the applicable certification fee.
- For in-person requests, bring a valid government-issued photo identification.
As noted by the New York State Archives, all divorce records since July 1, 1847, are filed with the county clerk of the county where the proceeding occurred. Members of the public may also obtain records through the New York State Bureau of Vital Statistics for certain statistical purposes, though certified legal copies are issued exclusively by the county clerk.
Franklin County Clerk's Office
355 West Main Street, Suite 248
Malone, NY 12953
Phone: (518) 481-1681
Franklin County Clerk's Office
Can a Divorce Be Confidential in Franklin County?
Certain portions of a Franklin County divorce record may be made confidential by court order, though the default presumption under New York law is that court records are open to public inspection.
- Sealed by court order: A party may petition the court to seal all or part of a divorce file upon a demonstrated showing of good cause, such as the presence of sensitive medical information, domestic violence circumstances, or trade secrets in business valuations.
- Redacted information: Pursuant to court rules implementing privacy protections, Social Security numbers, financial account numbers, and the names and addresses of minor children are routinely redacted from publicly accessible versions of filed documents.
- Domestic violence cases: Where a party has obtained an order of protection or where domestic violence allegations are central to the proceedings, the court may restrict public access to addresses and other identifying information to protect the safety of the parties.
- Mediation records: Communications made during court-ordered mediation are confidential under New York law and are not part of the public court record.
- Children's evaluations: Custody evaluations, psychological assessments of children, and guardian ad litem reports may be filed under seal and are not accessible to the general public.
- Sealed settlements: Confidential settlement agreements incorporated by reference but not filed in full may not appear in the public record.
Members of the public seeking access to sealed or restricted portions of a divorce file must file a motion with the Franklin County Supreme Court and demonstrate a legitimate legal basis for disclosure.
How Long Does Franklin County Keep Divorce Records?
Franklin County divorce records are maintained for extended periods consistent with New York State court records retention requirements established by the New York State Archives and Records Administration.
- Final judgments and decrees: Permanent retention. Final divorce decrees and judgments are retained indefinitely as permanent court records.
- Complete case files: Under New York court records retention schedules, Supreme Court matrimonial case files are retained for a minimum of 50 years from the date of the final judgment.
- Older and historical records: Divorce records dating to July 1, 1847, are on file with the county clerk. Records from the 19th and early 20th centuries may be held in archival storage and may require additional retrieval time.
- Electronic records: Cases filed electronically through NYSCEF are maintained in the state's electronic filing system and are accessible online for the duration of the retention period.
- Post-judgment modification files: Orders modifying custody, support, or other terms are retained as part of the original case file for the same retention period applicable to the underlying action.
- Archived records: Records that have been transferred to off-site storage or the New York State Archives may require a specific written retrieval request submitted to the Franklin County Clerk's Office.
Members of the public seeking records from older cases should contact the Franklin County Records Management office to confirm availability and retrieval procedures for archived materials.