Franklin County Divorce Decree

Franklin County divorce decree records are held by the County Clerk in Malone. The county sits in northern New York along the Canadian border, and its Supreme Court falls under the 4th Judicial District. If you need a copy of a divorce decree from Franklin County, you can reach out to the County Clerk's office or use state-level search tools to start your look. Divorce decree files in Franklin County go back to 1847 when the Supreme Court began handling all divorce cases across New York. The clerk keeps the original judgment of divorce on file for each case heard in the county.

Franklin County Clerk and Divorce Decree Files

The Franklin County Clerk serves as the clerk of the Supreme Court. That means all divorce decree documents filed in this county go through the clerk's office in Malone. The clerk keeps the judgment of divorce, which is the full court order that spells out the terms of the split. It has the judge's name, the case details, and the final orders on things like property and support. The office is at the Franklin County Courthouse in Malone, and you can call or visit to ask about a specific divorce decree case.

Franklin County is a rural area. The court handles fewer divorce cases each year compared to big urban counties. That can work in your favor when you need to track down a file. Staff may have more time to help with your search. You still need to bring valid ID and show you are a party to the case or have proper authorization. The rules on who can see a divorce decree in Franklin County are the same as the rest of the state under DRL Section 235.

If you do not know the index number for the case, the clerk can search for you. There is a $5 search fee for each two-year period checked.

How to Get a Divorce Decree in Franklin County

You have a few ways to get a copy of a divorce decree from Franklin County. The most direct path is to go to the County Clerk's office in person. Bring your photo ID and the names of the parties in the case. If you have the index number, that speeds things up. The clerk will pull the file and make copies for you. Plain copies cost about $0.65 per page. A certified copy of the divorce decree runs $5 for the first four pages, then $1.25 for each page after that.

You can also request records by mail. Send a notarized letter to the Franklin County Clerk with the names of the parties, the year of the divorce, and your relationship to the case. Include a check for the fees. Mail requests take longer, sometimes a few weeks.

The NYSCEF electronic filing system may have some newer Franklin County divorce decree documents if the case was filed electronically. Not all cases in Franklin County use e-filing, so this is worth checking but may not have what you need. The NYS Department of Health can also issue a divorce certificate for divorces after 1963, though that is a different document than the full decree.

Access Rules for Franklin County Divorce Decree Records

Divorce decree files in Franklin County are sealed records. New York law under Section 235 of the Domestic Relations Law keeps all matrimonial case files private. Only the parties named in the divorce can get copies. Their lawyers can too. If someone else needs a copy, they must have a notarized letter from one of the parties or a court order. The County Clerk checks ID before handing over any divorce decree documents.

There is a small exception. Under subdivision 3 of DRL Section 235, any person can request a "certification of disposition" from the County Clerk. This short document confirms that a divorce took place and states the outcome, but it does not include any of the details from the case file. It costs $5 per two-year search period. This can be useful if you just need proof that a divorce happened in Franklin County.

Records that are more than 100 years old become open to everyone. At that point, anyone can view the full divorce decree file for genealogy or other reasons. The New York State Archives has guidance on accessing very old divorce records.

Divorce Decree Court System in Franklin County

Franklin County is part of the 4th Judicial District. The Supreme Court in this district hears all divorce cases. Only the Supreme Court can grant a divorce in New York. Family Court does not handle divorces. It only deals with things like custody and support after a divorce decree is already in place.

The 4th Judicial District covers a large part of upstate New York. Franklin County shares this district with counties like Clinton, Essex, and Hamilton. The Supreme Court in Franklin County sits at the courthouse in Malone. Judges rotate through the district, so the same judge may hear cases in more than one county. Under Judiciary Law Section 255, the clerk must search the files and make copies when asked by an eligible person who pays the right fees.

If you are filing for divorce in Franklin County, the NYS Unified Court System has free forms and instruction booklets. The court system also offers a DIY Uncontested Divorce Program for people who do not have a lawyer. The New York State Bar Association runs a lawyer referral line at 1-800-342-3661 if you need help finding a local attorney.

Franklin County Divorce Decree Resources

The NYS Department of Health divorce records page explains the difference between a divorce decree and a divorce certificate. This is a good starting point if you are not sure which document you need from Franklin County.

That page covers the statewide process for divorce certificates, which is separate from getting the full divorce decree from the Franklin County Clerk.

Nearby Counties

If the divorce decree you need was not filed in Franklin County, one of these nearby counties may have the record.