Marshall County Divorce Records
How To Find a Divorce Record In Marshall County in 2026
MarshallCountyRecords.us provides access to publicly available information related to divorce records in Marshall County, Kentucky. Members of the public may find case numbers, filing dates, party names, final decrees, and related court documents. Record categories available through official channels include dissolution of marriage filings, final judgments, property division orders, child custody arrangements, and spousal support determinations.
Records can be searched through official resources including the Circuit Court Clerk's office, public access terminals at the courthouse, the Kentucky Court of Justice online portal, and the Kentucky Office of Vital Statistics. The following sections outline each available method in detail.
Online Searches
1. Clerk of Court Case Search
The Marshall County Circuit Court Clerk serves as the primary custodian of divorce case files. Members of the public may search basic case information at no charge through the Kentucky Court of Justice eCourts portal. Obtaining copies of filed documents requires payment of applicable per-page fees.
2. State Court System Portal
The Kentucky Court of Justice operates a statewide case information system that allows searches across all county jurisdictions. This consolidated database returns case numbers, party names, filing dates, and case status for dissolution proceedings filed anywhere in the Commonwealth.
3. State Vital Records
The Kentucky Office of Vital Statistics maintains divorce certificates for dissolutions finalized in Kentucky. These certificates confirm the legal dissolution of a marriage and are distinct from the full court case file. Fees apply to certified copies obtained through this office.
In-Person Searches
Clerk of Court — Family Division:
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-4740
Marshall County Circuit Court
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Services available in person include:
- Searching case files by party name or case number
- Viewing filed documents at public access terminals
- Requesting certified copies of final decrees and orders
- Staff assistance with locating archived records
Records Department:
Older or archived divorce cases may be stored separately from active files. Members of the public requesting records from cases filed prior to the court's electronic filing transition should notify staff at the time of the request to allow for retrieval from archive storage.
By Mail
Written Request:
Mail requests to:
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Written requests should include:
- Full legal names of both parties
- Approximate date of divorce or case filing
- Case number, if known
- Requestor's full name and mailing address
- Purpose of the request, if required
- Payment for applicable copy fees
- A self-addressed stamped envelope for return of documents
Processing time for mailed requests is typically one to two weeks, depending on case volume and whether records require retrieval from archive storage.
By Phone
Limited Information:
Marshall County Circuit Court Clerk: (270) 527-4740
Staff may confirm by phone:
- Whether a case exists in the system
- The assigned case number
- Current case status
- The original filing date
Staff cannot provide detailed document contents, copies of filed pleadings, or any information classified as confidential by court order over the telephone.
Through Attorneys
An attorney licensed in Kentucky may access divorce case files on behalf of a client, request sealed documents upon a proper showing of cause, and obtain certified copies through professional channels. The Kentucky Bar Association maintains a lawyer referral service for members of the public seeking legal representation in family law matters.
Information Needed for Search
Essential Information:
- Full legal names of both spouses at the time of filing
- Maiden names, if applicable
- Approximate date of divorce or filing
- Case number, if previously obtained
Helpful Information:
- Date and location of marriage
- Prior addresses in Marshall County
- Names of minor children involved
- Names of attorneys of record, if known
Search in Correct County
Under Kentucky Revised Statutes § 403.140, a petition for dissolution of marriage must be filed in the county where either spouse resides at the time of filing. Divorce records are maintained exclusively by the Circuit Court Clerk in the county where the case was filed. Searching the county where the marriage ceremony occurred will not return results unless one spouse also resided there at the time of filing.
Residency Requirement:
At least one spouse must have been a resident of Kentucky for 180 days immediately preceding the filing of the petition. The case is filed in the county of that spouse's residence.
Time Considerations
Recent Divorces:
- Newly finalized cases may require several business days to appear in the electronic system following the final hearing
- Members of the public should allow standard processing time before conducting a search
Older Divorces:
- Cases predating electronic filing may exist only in paper format
- Retrieval of archived paper files may require additional time
- Some older records may not be fully digitized
What If You Cannot Find a Record
Common Issues:
- The case was filed in a different county
- Name variations between married and maiden names
- Spelling differences in party names
- The case remains pending and has not been finalized
- Very old records stored in off-site archive
- The case has been sealed by court order
Next Steps:
- Contact the Circuit Court Clerk at (270) 527-4740
- Attempt alternate name spellings in the search
- Search under both spouses' names
- Check the Kentucky Office of Vital Statistics for a divorce certificate
- Consult a licensed Kentucky attorney for complex searches
What Are Marshall County Divorce Records?
Divorce records in Marshall County are official court documents generated during and after dissolution of marriage proceedings filed in the Marshall County Circuit Court. These records constitute part of the permanent family law case file maintained by the Circuit Court Clerk and are subject to the public access provisions of the Kentucky Open Records Act.
Types of Divorce Records:
Court Case Files contain the complete procedural history of a dissolution proceeding, including:
- Petition for dissolution of marriage
- Response or answer filed by the respondent
- Financial affidavits submitted by both parties
- Parenting plans and child custody arrangements
- Marital settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings
- Final judgment of dissolution
Final Decree is the official court order that legally terminates the marriage. It establishes the date of dissolution, the division of marital property and debts, any spousal support obligations, child custody and timesharing arrangements, child support orders, and any court-approved name changes. Certified copies of the final decree are available through the Circuit Court Clerk.
Supporting Documents filed in the case record may include the original marriage certificate, financial disclosure statements, property appraisals, parenting plan worksheets, and any post-judgment modification orders entered after the original decree.
Purpose of Divorce Records:
Divorce records serve a range of legal and personal purposes, including:
- Establishing proof of marital status for remarriage
- Supporting name change documentation
- Facilitating property transfers and title changes
- Providing evidence in estate planning and probate proceedings
- Supporting immigration applications and Social Security benefit claims
- Enabling genealogical and family history research
Who Maintains Divorce Records:
The Marshall County Circuit Court Clerk is the primary custodian of all divorce case files originating in Marshall County. The Kentucky Office of Vital Statistics separately maintains divorce certificates, which provide a summary record of the dissolution but do not include the full case file contents.
Under Kentucky Revised Statutes § 403.150, the Circuit Court retains jurisdiction over dissolution proceedings and is responsible for the preservation of all related records.
Are Marshall County Divorce Records Public?
Divorce records filed in Marshall County Circuit Court are public court records subject to the access provisions of the Kentucky Open Records Act, codified at KRS § 61.870 et seq. Members of the public may access basic case information and most filed documents without demonstrating a specific need or purpose.
What Is Public:
- Case number and original filing date
- Full names of both parties to the proceeding
- Names of attorneys of record
- Scheduled and completed court 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
- Certain financial disclosure statements may carry restricted access designations
Children's Information:
- Names and residential addresses of minor children may be redacted
- Schools attended by minor children are not disclosed
- Medical and psychological evaluation records pertaining to children are restricted
- Guardian ad litem reports and custody evaluation reports may be sealed by court order
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence may be sealed
- Mental health and substance abuse treatment records are restricted
- Personal addresses of parties in domestic violence cases may be withheld
- Mediation communications are confidential and not part of the public record
Sealed Records:
A court may seal all or part of a divorce case file upon a showing of good cause. Circumstances that may support sealing include documented domestic violence, abuse allegations, high-profile parties, or confidential settlement terms. Sealed records are not accessible to the general public without a court order.
Who Can Access Records:
| Requestor Category | Level of Access |
|---|---|
| General public | Public documents and docket entries |
| Parties to the case | Full access to own case file |
| Licensed attorneys | Case files; sealed documents upon proper showing |
| Law enforcement | Statutory access to restricted information |
| Researchers and media | Public portions; court permission required for sealed records |
Restrictions on Use:
Members of the public who obtain divorce records may not use that information for stalking, harassment, identity theft, fraudulent purposes, or any conduct that violates an existing protective order. Permitted uses include legal proceedings, background verification, genealogical research, news reporting protected by the First Amendment, and academic research.
Obtaining Confidential Records:
A party seeking access to sealed or restricted records must file a motion with the Marshall County Circuit Court demonstrating a legitimate legal need. The court evaluates such requests on a case-by-case basis, applying a balancing test between the public interest in transparency and the privacy interests of the parties and any minor children involved.
How Much Does It Cost to Get Divorce Records in Marshall County?
The Marshall County Circuit Court Clerk charges fees for copies of divorce records in accordance with the schedule established under Kentucky court rules. Members of the public may inspect public case documents at the courthouse at no charge. Fees apply when copies or certified copies are requested.
Standard Fee Schedule:
| Service | Current Fee |
|---|---|
| Plain copy (per page) | $0.25 per page |
| Certified copy of final decree | $5.00 per document |
| Certification fee (per document) | $5.00 |
| Search fee | No separate search fee |
Kentucky Office of Vital Statistics — Divorce Certificate Fees:
| Service | Current Fee |
|---|---|
| Certified divorce certificate (first copy) | $6.00 |
| Each additional copy (same order) | $6.00 |
Fees at the Kentucky Office of Vital Statistics are established by state regulation and are subject to change.
Accepted Payment Methods:
- Cash (in-person requests at the Circuit Court Clerk's office)
- Check or money order payable to the Marshall County Circuit Court Clerk (mail requests)
- Credit and debit cards may be accepted; members of the public should confirm current accepted methods directly with the Clerk's office
Fee Waivers:
Members of the public who are parties to the case and who demonstrate financial hardship may petition the court for a waiver of copy fees. Fee waiver requests are evaluated at the court's discretion. No fee is charged for inspecting public documents at the courthouse public access terminals.
What Is Available at No Charge:
- In-person inspection of public case documents
- Verbal confirmation of case existence, case number, and filing date by phone
- Online case status checks through the Kentucky Court of Justice portal
What's Included in Divorce Records in Marshall County
A complete divorce case file maintained by the Marshall County Circuit Court Clerk contains all documents filed from the initiation of the proceeding through final judgment and any subsequent post-judgment actions. The following describes the standard contents of a dissolution of marriage case file.
Basic Case Information:
The case caption identifies the case number, the name of the court and division, the full legal names of the petitioner and respondent, the judge assigned to the matter, and the attorneys of record for each party. Filing information includes the original filing date, filing fees paid, and the jurisdictional basis for the proceeding.
Initial Pleadings:
The Petition for Dissolution of Marriage sets forth the petitioner's identifying information, the respondent's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for dissolution, information regarding minor children, claims regarding marital property, and the relief requested. Under Kentucky law, the sole ground for dissolution is irretrievable breakdown of the marriage, consistent with the no-fault framework established in KRS § 403.140.
The Response or Answer filed by the respondent states the respondent's position on the allegations in the petition, any admissions or denials, and any counterpetition for relief. Financial affidavits submitted by both parties disclose income from all sources, monthly expenses, assets including real property, vehicles, bank and investment accounts, and retirement accounts, as well as all liabilities.
Discovery Documents:
Discovery materials filed with the court may include interrogatories and answers under oath, requests for production of documents and the responsive documents, financial disclosure statements, tax returns, pay stubs, bank and investment account statements, retirement account statements, and business financial records where applicable.
Property-Related Documents:
The marital asset inventory describes and values all real property, vehicles, financial accounts, retirement accounts, business interests, and personal property subject to division. The debt inventory identifies all mortgages, vehicle loans, credit card balances, personal loans, and other liabilities. Appraisals and expert valuations for real property, business interests, and significant personal property are filed as exhibits.
Children-Related Documents:
Where minor children are involved, the case file contains a parenting plan establishing legal and physical custody, a detailed timesharing schedule including regular, holiday, summer, and vacation provisions, transportation arrangements, and decision-making responsibilities for education, healthcare, religion, and extracurricular activities. Child support documentation includes the Kentucky Child Support Guidelines worksheet, income information for both parties, health insurance and childcare cost allocations, and the support amount ordered. Custody evaluations and guardian ad litem reports, where ordered by the court, are part of the case file but may be subject to restricted access.
Support Documents:
Spousal support documentation identifies the type of support ordered, the amount and duration, the payment schedule, modification provisions, and termination conditions. Calculation worksheets reflect the income of both parties, the standard of living during the marriage, and the factors applied under Kentucky law.
Settlement Documents:
A Marital Settlement Agreement, where the parties resolve issues by agreement, comprehensively addresses property division, debt allocation, spousal support, child-related provisions, tax treatment of transfers, and attorney fee allocation. Mediation agreements, where applicable, are incorporated into the settlement agreement; the underlying mediation communications remain confidential.
Court Orders and Judgments:
Temporary orders entered during the pendency of the case may address temporary custody, temporary support, temporary use of marital property, and any restraining orders or injunctions. The Final Judgment of Dissolution is the court's definitive order terminating the marriage, containing findings of fact, conclusions of law, and all provisions resolving the issues in the case. Where retirement accounts are divided, a Qualified Domestic Relations Order is entered as a separate instrument directing the plan administrator.
Post-Judgment Documents:
Post-judgment filings include petitions to modify custody or support, court orders on modification requests, contempt motions alleging non-compliance, income deduction orders for support enforcement, and any liens filed in connection with support arrearages.
What Is Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted as a matter of course)
- Residential addresses and school information for minor children
- Domestic violence evidence and related protective order information
- Mental health and substance abuse evaluation records
- Trade secret information in business valuations
- Mediation communications
- Settlement negotiations not incorporated into filed agreements
How to Get Proof of Divorce in Marshall County?
Proof of divorce in Marshall County is obtained through two primary channels: a certified copy of the Final Judgment of Dissolution from the Circuit Court Clerk, or a certified divorce certificate from the Kentucky Office of Vital Statistics.
Certified Copy of Final Decree — Circuit Court Clerk:
Members of the public may obtain a certified copy of the final decree by appearing in person at the Marshall County Circuit Court Clerk's office, submitting a written request by mail, or requesting through an authorized attorney.
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-4740
Marshall County Circuit Court
Steps to obtain a certified copy:
- Provide the full names of both parties and the approximate filing date or case number
- Complete any required request form provided by the Clerk's office
- Pay the applicable certification fee ($5.00 per document)
- Receive the certified copy in person or by mail
Divorce Certificate — Kentucky Office of Vital Statistics:
The Kentucky Office of Vital Statistics issues certified divorce certificates for dissolutions finalized in Kentucky. A divorce certificate confirms the legal dissolution of the marriage and is accepted as proof of divorce for most administrative purposes, including remarriage applications, name change proceedings, and benefit claims.
Kentucky Office of Vital Statistics
275 East Main Street
Frankfort, KY 40621
Phone: (502) 564-4212
Office of Vital Statistics
Requests may be submitted in person, by mail, or through authorized third-party vital records services. The fee is $6.00 per certified certificate. Requestors must provide the full names of both parties, the county where the divorce was filed, and the approximate year of the dissolution.
Can a Divorce Be Confidential in Marshall County?
Divorce proceedings in Marshall County are presumptively public under the Kentucky Open Records Act; however, specific portions of a case file may be designated confidential or sealed under defined legal circumstances.
Circumstances under which records or portions of records may be confidential include:
- Domestic violence cases: Residential addresses, contact information, and evidence related to domestic violence allegations may be withheld to protect the safety of victims, consistent with Kentucky's domestic violence statutes
- Children's information: Names, addresses, schools, and medical or psychological records pertaining to minor children are subject to redaction and restricted access
- Mental health and substance abuse records: Evaluation reports and treatment records are protected under both state and federal law, including HIPAA
- Sealed case files: A party may petition the court to seal all or part of a case file upon a demonstrated showing of good cause; the court applies a balancing test weighing the public interest in open records against the privacy interests at stake
- Mediation communications: All communications made during court-ordered mediation are confidential and are not filed with the court or accessible to the public
- Confidential settlement terms: Portions of settlement agreements designated confidential by the parties may be submitted under seal with court approval
Members of the public seeking access to sealed records must file a motion with the Marshall County Circuit Court. The Kentucky Open Records Act governs the standards applied to such requests.
How Long Does Marshall County Keep Divorce Records?
Marshall County Circuit Court divorce records are subject to the retention schedules established by the Kentucky Court of Justice and applicable state law. Dissolution of marriage case files are classified as permanent records and are retained indefinitely.
Retention periods by record type:
- Final Judgment of Dissolution: Permanent retention; never destroyed
- Complete case file (all pleadings, orders, and exhibits): Permanent retention for dissolution of marriage cases
- Temporary orders and interlocutory motions: Retained as part of the permanent case file
- Financial affidavits and discovery documents: Retained as part of the permanent case file for the duration of the retention period
- Post-judgment modification orders: Retained permanently as part of the original case file
- Divorce certificates at the Office of Vital Statistics: Permanent retention by the Kentucky Office of Vital Statistics
Older paper records that predate electronic filing systems are maintained in archive storage and remain retrievable upon request, though retrieval may require additional processing time. The Kentucky Family Court system, which handles dissolution proceedings, operates under court rules that mandate permanent preservation of final judgments and case files. Members of the public requesting records from archived cases should contact the Marshall County Circuit Court Clerk directly to confirm availability and retrieval timelines.