Franklin County Divorce Records
How To Find a Divorce Record In Franklin County in 2026
FranklinVARecords.org provides access to publicly available information related to divorce records in Franklin County, Virginia. Members of the public may locate divorce decrees, case filings, final judgments, and related court documents through official channels. Available record categories include dissolution of marriage filings, final divorce decrees, property settlement agreements, child custody orders, and spousal support determinations. Access and completeness of records may vary depending on the date of filing and the nature of the case.
Records may be searched through the Franklin Circuit Court clerk's office, the Virginia Supreme Court's online case information system, the Virginia Department of Health's Office of Vital Records, and public access terminals located at the courthouse. The following sections outline each available search method in detail.
Online Searches
1. Clerk of Court Case Search
The Virginia Supreme Court's online case information system allows members of the public to search circuit court case records by party name or case number at no charge. Basic case information, including filing dates, case status, and docket entries, is available without a fee. Copies of actual documents require payment of applicable fees.
2. Franklin Circuit Court
The Franklin Circuit Court maintains its own case records and provides access through the clerk's office. Members of the public may search the court's index by the names of the parties to the divorce proceeding.
3. State Vital Records
The Office of Vital Records at the Virginia Department of Health maintains divorce records for the Commonwealth of Virginia since 1918. Divorce certificates issued through this office provide official documentation of the dissolution of marriage and are available for a fee.
In-Person Searches
Clerk of Court — Franklin Circuit Court:
Franklin County Circuit Court Clerk's Office
275 South Main Street
Rocky Mount, VA 24151
Phone: (540) 483-3065
Franklin Circuit Court
- Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.
- Services available in person:
- Search case files by party name or case number
- View filed documents at public access terminals
- Request certified copies of divorce decrees and orders
- Obtain staff assistance for locating records
By Mail
Written Request:
- Mail to: Clerk of the Circuit Court, 275 South Main Street, Rocky Mount, VA 24151
- Include the following with each request:
- Full legal names of both parties
- Approximate date of divorce
- Case number, if known
- Requestor's full name and contact information
- Payment for applicable copy fees
- Self-addressed stamped envelope for return of documents
- Processing time: Requests are processed within one to two weeks, depending on volume and record availability.
By Phone
Limited Information Available:
- Clerk of Court: (540) 483-3065
- Staff may confirm:
- Whether a case exists in the court's index
- The assigned case number
- Current case status
- The date of filing
- Staff cannot provide:
- Detailed document contents by phone
- Copies of filed documents
- Confidential or restricted information
Through Attorneys
An attorney licensed in Virginia may access court records on behalf of a client, request sealed documents upon a proper showing of cause, and obtain certified copies through the clerk's office. The Virginia State Bar's lawyer referral service connects members of the public with licensed attorneys for assistance with complex record requests or contested matters.
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 the divorce
- Case number, if previously obtained
Helpful Information:
- Date and location of the marriage
- Prior addresses in Franklin County
- Names of attorneys of record, if known
Search in Correct County
Under Virginia Code § 20-96, a divorce action must be filed in the circuit court of the county or city where either party resides. Members of the public who are uncertain of the filing location may need to search multiple jurisdictions. A divorce may not be filed in the county where the marriage occurred unless one of the parties also resides there.
Residency Requirement:
Virginia law requires that at least one spouse have been a bona fide resident and domiciliary of the Commonwealth for a period of six months before filing for divorce.
Time Considerations
Recent Divorces:
- Records may not appear in the online system immediately following the final hearing.
- Allow several business days to weeks for processing after the final decree is entered.
Older Divorces:
- Records predating electronic filing may be archived in paper format.
- Archived records may require additional retrieval time.
- Not all historical records have been digitized.
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 has not yet been finalized
- Very old records stored in off-site archives
- The case has been sealed by court order
Next Steps:
- Contact the Franklin Circuit Court Clerk at (540) 483-3065
- Attempt alternate name spellings in the search system
- Search under both spouses' names
- Check the Office of Vital Records for a divorce certificate
- Consult a licensed Virginia attorney for assistance with sealed or difficult-to-locate records
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 Circuit Court. These records constitute part of the public court file maintained by the Clerk of the Circuit Court and document the legal dissolution of a marriage under Virginia law.
Types of Divorce Records:
Court Case Files include the full set of documents filed during the proceeding:
- Complaint for divorce or bill of complaint
- Defendant's answer or cross-bill
- Financial affidavits submitted by both parties
- Parenting plans and custody agreements
- Property settlement agreements
- Motions, orders, and hearing transcripts
- Final decree of divorce
Final Decree of Divorce is the official court order that legally ends the marriage. It establishes:
- The date the marriage was dissolved
- Division of marital property and debts
- Spousal support or alimony terms, if any
- Child custody and visitation arrangements, if applicable
- Child support obligations, if applicable
- Any court-ordered name restoration
Supporting Documents filed as part of the case record may include:
- The original marriage certificate
- Financial disclosure statements
- Property appraisals and valuations
- Post-divorce modification orders
Purpose of Divorce Records:
Divorce records serve a range of legal and personal purposes, including:
- Establishing proof of marital status for remarriage
- Documenting name changes
- Supporting immigration proceedings
- Facilitating estate planning and Social Security benefit claims
- Genealogical and family history research
Who Maintains Divorce Records:
The Clerk of the Franklin Circuit Court serves as the primary custodian of all divorce case files and provides certified copies upon request. The Office of Vital Records at the Virginia Department of Health maintains a separate registry of divorce records for the Commonwealth since 1918, offering divorce certificates that provide summary-level documentation of the dissolution.
Pursuant to Virginia Code § 20-121.1, the circuit court clerk is required to transmit a report of each divorce decree to the State Registrar of Vital Records, ensuring that both the court and the state vital records office maintain documentation of each dissolution of marriage.
Are Franklin County Divorce Records Public?
Divorce records filed in the Franklin Circuit Court are public court records subject to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.). Members of the public may access basic case information, docket entries, and most filed documents without demonstrating a specific need or purpose.
What Is Public:
- Case number and filing date
- Names of the parties to the proceeding
- Names of attorneys of record
- Scheduled and completed hearing dates
- Court orders and judgments, including the final decree
- Property division orders
- General case status and docket entries
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all publicly accessible documents
- Bank account and credit card numbers are redacted
- Detailed tax returns may be subject to limited access
Children's Information:
- Addresses where minor children reside
- Schools children attend
- Medical and psychological evaluations of children
- Guardian ad litem reports, which may be sealed by court order
- Child custody evaluation reports
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Personal addresses in cases involving protective orders
Sealed Records:
A court may seal all or part of a divorce case 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. Mediation communications are confidential by statute and do not become part of the public record.
Who Can Access Records:
- General public: May access most case information and obtain copies of public documents upon payment of applicable fees.
- Parties to the case: Have full access to their own case file, including documents that may be restricted from general public view.
- Attorneys: May access case files on behalf of clients and may petition the court for access to sealed materials upon a proper showing.
- Researchers and media: May access the public portions of case files; access to sealed records requires a court order.
Prohibited Uses:
Members of the public who obtain divorce records may not use them for stalking, harassment, identity theft, or any purpose that violates an existing protective order.
How Much Does It Cost to Get Divorce Records in Franklin County?
The Franklin County Circuit Court Clerk's office charges fees for copies and certified documents in accordance with the Virginia Code. Current fees applicable to divorce record requests are as follows:
| Service | Fee |
|---|---|
| Photocopy of court document (per page) | $0.50 per page |
| Certified copy of divorce decree | $2.00 per document plus copy fees |
| Divorce certificate (via Virginia Vital Records) | $12.00 per copy |
| Clerk's search fee (when applicable) | $0.50 per year searched |
- Inspection of public records at the courthouse is available at no charge during regular business hours.
- Accepted payment methods at the clerk's office include cash, check, and money order made payable to the Clerk of the Circuit Court. Credit card acceptance may vary; members of the public are advised to confirm accepted payment methods prior to visiting.
- The Office of Vital Records charges $12.00 for each certified divorce certificate, with additional copies of the same record available for $12.00 each.
- Fee waivers are not routinely available for divorce record requests; however, parties who are indigent may petition the court for relief from fees in connection with active proceedings.
- Copy and certification fees are established pursuant to Virginia Code § 17.1-275, which governs fees charged by circuit court clerks throughout the Commonwealth.
What's Included in Divorce Records in Franklin County
A complete divorce case file maintained by the Franklin Circuit Court Clerk contains documents generated at every stage of the proceeding. The scope of the file depends on whether the divorce was uncontested or contested and whether children or significant marital assets were involved.
Basic Case Information:
- Case caption identifying the court, division, and parties
- Case number and case type designation
- Name of the assigned judge
- Names and contact information of attorneys of record
- Filing date and fees paid
Initial Pleadings:
The Bill of Complaint for Divorce sets out the petitioner's identifying information, the date and location of the marriage, the date of separation, the grounds for divorce, and the relief requested. Under Virginia law, grounds for divorce include no-fault separation (living separate and apart for the required statutory period) and fault-based grounds such as adultery, cruelty, or desertion. The defendant's Answer or Cross-Bill states the respondent's position and any counterclaims.
Financial Affidavits submitted by both parties disclose income from all sources, monthly expenses, assets including real property, vehicles, bank and investment accounts, and retirement funds, as well as all outstanding liabilities.
Discovery Documents may include interrogatories and responses, requests for production of documents, bank statements, tax returns, pay stubs, retirement account statements, and business financial records where applicable.
Property-Related Documents:
- Marital asset inventory with descriptions and valuations
- Debt inventory covering mortgages, loans, and credit obligations
- Real property appraisals and business valuations
- Expert reports on asset values
Children-Related Documents (if applicable):
- Parenting plan specifying legal and physical custody, timesharing schedules, holiday arrangements, and decision-making responsibilities
- Child support calculation worksheets reflecting income, number of overnights, health insurance costs, and childcare expenses
- Custody evaluation reports prepared by court-appointed psychologists or evaluators
- Guardian ad litem reports, which may be sealed
Support Documents:
- Alimony or spousal support orders specifying type, amount, duration, and termination conditions
- Income analysis worksheets supporting support determinations
Settlement Documents:
- Marital Settlement Agreement resolving all issues including property division, debt allocation, spousal support, and child-related matters
- Mediation agreements, which are confidential and not part of the public record
Court Orders and Judgments:
- Temporary orders entered during the pendency of the proceeding
- The Final Decree of Divorce, which constitutes the court's official order dissolving the marriage, containing findings of fact, conclusions of law, and all relief granted
- Qualified Domestic Relations Orders (QDROs) directing the division of retirement plan benefits
Post-Judgment Documents (if applicable):
- Petitions to modify custody or support
- Court orders on modification requests
- Contempt motions and enforcement actions
- Income deduction orders
What Is Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted as a matter of course)
- Children's residential addresses and school information
- Domestic violence details in cases involving protective orders
- Mental health and substance abuse evaluation records
- Mediation communications
How to Get Proof of Divorce in Franklin County?
Proof of divorce in Franklin County may be obtained through two primary channels: a certified copy of the Final Decree of Divorce from the Franklin Circuit Court Clerk, or a certified divorce certificate from the Virginia Department of Health's Office of Vital Records.
Obtaining a Certified Copy of the Final Decree:
- Contact the Franklin Circuit Court Clerk's office at (540) 483-3065 to confirm the case number and verify that the record is available.
- Submit a written request in person, by mail, or as directed by the clerk, including the full names of both parties, the approximate date of divorce, and the case number if known.
- Pay the applicable certification and copy fees as described in the fee schedule above.
- Receive the certified copy bearing the clerk's seal, which constitutes official proof of the divorce for legal purposes.
Franklin County Circuit Court Clerk's Office
275 South Main Street
Rocky Mount, VA 24151
Phone: (540) 483-3065
Franklin Circuit Court
Obtaining a Divorce Certificate from Vital Records:
The Office of Vital Records issues certified divorce certificates for dissolutions recorded in Virginia since 1918. Requests may be submitted online, by mail, or in person at the Virginia Department of Health.
Virginia Department of Health — Office of Vital Records
P.O. Box 1000
Richmond, VA 23218
Phone: (804) 662-6200
Office of Vital Records
Members of the public who are uncertain about the divorce process or need guidance on navigating court procedures may consult the Virginia Judicial System Court Self-Help resources maintained by the Supreme Court of Virginia.
Can a Divorce Be Confidential in Franklin County?
Divorce proceedings in Franklin County are presumptively public, but certain records or portions of a case file may be made confidential under specific legal circumstances.
- A party may file a motion requesting that the court seal all or part of the case file. The court evaluates such requests on a case-by-case basis, balancing the public's right of access against the privacy interests at stake.
- Cases involving domestic violence, child abuse allegations, or sensitive medical and mental health information are most frequently subject to sealing orders or partial redaction.
- Mediation communications are confidential by statute and are never incorporated into the public court record.
- Financial account numbers, Social Security numbers, and similar identifying information are redacted from all publicly accessible documents as a matter of standard court practice.
- Guardian ad litem reports and child custody evaluations may be sealed to protect the privacy and welfare of minor children.
- Protective orders entered in connection with divorce proceedings may restrict public access to the addresses and personal information of protected parties.
- The court retains discretion to unseal records upon a proper motion and showing of legitimate need.
The Virginia Freedom of Information Act governs the balance between public access and privacy protections applicable to court records in the Commonwealth.
How Long Does Franklin County Keep Divorce Records?
The Franklin Circuit Court retains divorce records in accordance with the records retention schedules established by the Library of Virginia under the authority of the Virginia Public Records Act.
- Final decrees of divorce and complete case files for concluded divorce proceedings are retained permanently by the circuit court clerk.
- Permanent retention applies because divorce decrees constitute evidence of legal status and may be required for remarriage, estate proceedings, Social Security claims, and other legal purposes at any point in the future.
- Temporary orders, interlocutory motions, and other non-final documents filed during the pendency of a proceeding are retained as part of the complete case file and are subject to the same permanent retention schedule.
- Records predating electronic filing systems may be maintained in paper or microfilm format and may require additional retrieval time.
- The Office of Vital Records at the Virginia Department of Health maintains divorce certificates for the Commonwealth since 1918 on a permanent basis.
- Post-judgment modification orders and enforcement actions filed after the entry of the final decree are added to the original case file and retained as part of the permanent record.
- Members of the public seeking records from older cases should contact the Franklin Circuit Court Clerk directly to confirm the format and availability of archived materials.