Franklin County Divorce Records

Franklin County divorce records are held by the County Clerk's Office in Malone, New York. Located in the northern part of the state near the Canadian border, Franklin County processes divorce cases through its Supreme Court just like every other county in New York. The County Clerk files and stores each Judgment of Divorce once a judge signs it. If you are looking for a certified copy of a divorce decree, need to verify a case, or want to understand the process for filing, this page provides the details you need for Franklin County.

Franklin County Clerk Divorce Records

The Franklin County Clerk's Office is located at 355 West Main Street, Malone, NY 12953. The phone number is 518-481-1681. This office holds divorce records and other court filings for the county. The clerk serves as the official keeper of all Supreme Court documents in Franklin County.

To get a certified copy of a Judgment of Divorce, you must be one of the parties named in the case. An attorney of record can also request copies. Anyone else needs a signed and notarized letter from a party giving them permission to access the file. You will need to show a valid photo ID for any in-person request. The standard fee for a certified copy is $5.00 for up to four pages, with each additional page costing $1.25.

Mail requests are accepted. Send your request to the address above with the names of both parties, the year of the divorce if you know it, and a self-addressed stamped envelope. Include your payment by money order or certified check. The search fee is $5.00 per name per two-year period.

Divorce Filing Process in Franklin County

All divorce cases in Franklin County go through the Supreme Court. Franklin County is part of the 4th Judicial District. To start a divorce case, you buy an index number for $210. Then you file your summons and complaint with the court clerk.

New York State requires that at least one spouse meet a residency rule before filing. The simplest path is that one spouse has lived in the state for two continuous years. Other options exist if you married in New York, lived here together, or the grounds for divorce happened in the state. Each of those options requires one year of residency. The NYS Courts divorce page spells out every option and has the forms you need.

Once filed, the other spouse has to be served within 120 days. Service must be done in person by someone at least 18 years old who is not a party to the case. If the other side does not respond after being served, you wait 40 days to file the Note of Issue. That fee is $125. If they sign an Affidavit of Defendant, you can file right away without waiting.

Privacy Rules for Franklin County Records

Matrimonial records in Franklin County are sealed for 100 years. This rule applies across all of New York State under Domestic Relations Law Section 235. During the seal period, only the parties to the divorce, their attorneys, or someone with a court order can view the file.

The seal covers all documents in the case. That means everything from the initial filing to the final judgment is restricted. If you are trying to get records for a relative, you will need their written and notarized authorization. The clerk checks ID before handing over any documents.

Note: Genealogical researchers can access divorce records once the 100-year seal expires.

State Certificates for Franklin County Divorces

The New York State Department of Health has divorce certificates for all cases since January 1, 1963. These certificates are different from the full decree. A certificate confirms the divorce took place and lists both names, the date, and the county. The decree is the full court order with all the terms and conditions.

You can order a certificate by mail for $30. Send a completed application with payment to the Department of Health. Processing usually takes 10 to 15 business days. Phone and online orders cost $45 plus a vendor fee. Only the spouses or someone with a court order can request one.

For records before 1963, the County Clerk is the only source. The New York State Archives provides guidance on finding historical divorce decrees across the state.

Searching Franklin County Cases Online

The NYSCEF system handles electronic court filings for many New York counties, including cases in the 4th Judicial District. You can search by party name, index number, or attorney. If a Franklin County divorce was filed electronically, basic case details like status and filing date may appear in your search results.

The screenshot below shows a state-level resource page for locating divorce records in New York.

The NYS Department of Health page explains how to order a divorce certificate, which applies to Franklin County residents who need proof of a divorce since 1963.

Keep in mind that full matrimonial case documents are not available to the public online. The 100-year seal on divorce files means only parties and their lawyers can view the complete records.

Nearby Counties

Franklin County sits in the far north of New York State. If the divorce was filed in a different county, you need to contact the clerk there instead.