How is property divided in Franklin County divorces?

Illinois follows equitable distribution rules. The court divides marital property fairly based on various factors including marriage length, contributions, and financial circumstances. Franklin County Circuit Court applies Illinois law to property division.

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"The Most Trusted

Name in Online Divorce"

Exclusive

Online Divorce Partner

Best

Online Divorce Service

ADVISOR

We offer an online guided path through divorce that helps couples avoid unnecessary conflict and costs.

Start your divorce

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Franklin County Divorce Guide: Filing in Benton, Illinois

Q: How much does divorce cost in Franklin County?

Filing fees in Illinois vary by county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases in Franklin County.

Q: Do I need a lawyer to get divorced in Franklin County?

No, Illinois allows self-representation in divorce cases. However, attorney representation is recommended for contested custody, significant assets, or business ownership. Simple uncontested divorces in Franklin County often work well with online service assistance.

Q: Can I file for divorce in Franklin County if my spouse lives elsewhere?

Yes, as long as you meet Illinois's residency requirement of 90 days, you can file for divorce in Franklin County even if your spouse lives in another county or out of state.

Franklin County handles divorce cases through the Circuit Court. Whether you live in Benton or another Franklin County community, this guide provides everything you need to know about filing for divorce in Franklin County.

Franklin County Divorce at a Glance

County: Franklin County
Primary City: Benton, Illinois
Court Type: Circuit Court
Residency Requirement: 90 days
Waiting Period: 6 months for irreconcilable differences

What Makes Franklin County Unique

Every county in Illinois follows the same state divorce laws, but Franklin County has specific local procedures, filing requirements, and resources that affect your divorce process.

Local Court Procedures

Franklin County's Circuit Court has established local rules that govern how divorces proceed. These include specific document formatting requirements, filing deadlines, and hearing schedules that differ from other Illinois countys.

Filing Requirements

The Clerk of Courts in Franklin County has specific requirements for document submission, fee payments, and case processing. Understanding these requirements before filing prevents delays and rejected paperwork.

Community Resources

Franklin County offers various divorce-related resources including mediation services, self-help centers, and legal aid programs. Availability and eligibility vary by county.

Franklin County Court Filing Fees

Divorce Petition: Filing fees in Illinois vary by county. Contact the Franklin County Clerk of Courts for current exact fees.

Typical Illinois Filing Fees: $75-$450 depending on county

Additional Costs:

Service of process: $40-$150
Certified copies: $1-$5 per page
Motion filing fees: $25-$100 each

Payment Methods:
Most Illinois courts accept cash, check, money order, and credit/debit cards. Some countys charge a processing fee for card payments.

Attorney Costs in Franklin County

Attorney fees in Franklin County vary based on experience, case complexity, and whether your divorce is contested.

Hourly Rates:

Entry-level attorneys: $150-$275/hour
Experienced attorneys: $275-$400/hour
Senior attorneys: $400-$500/hour

Average Total Costs:

Simple uncontested: $1,500-$4,000
Contested divorce: $8,000-$30,000+
High-conflict cases: $30,000-$60,000+

Retainer Requirements:

Uncontested: $1,500-$3,000
Contested: $5,000-$15,000+

These are typical ranges for Illinois attorneys. Actual costs in Franklin County depend on your specific situation.

How to File for Divorce in Franklin County

Step 1: Verify Residency

You or your spouse must meet Illinois's residency requirement: 90 days

Step 2: Gather Documents

Marriage certificate (certified copy)
Financial records (pay stubs, tax returns, bank statements)
Property records
Debt information
Children's information (if applicable)

Step 3: Complete Divorce Forms

Illinois requires specific forms for divorce petitions. Franklin County may have additional local forms.

Required documents typically include:

Petition/Complaint for Divorce
Financial affidavits
Child custody forms (if applicable)
Settlement agreement (if uncontested)

Step 4: File with the Court

Submit your completed forms to the Franklin County Clerk of Courts along with the filing fee. Many Illinois countys now offer electronic filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be served with divorce papers according to Illinois law. Service options include:

Sheriff's department
Private process server
Certified mail (if spouse agrees)

Step 6: Complete Mandatory Requirements

Illinois may require:

Parenting classes (if children involved)
Financial disclosures
Mediation attempts
Waiting period: 6 months for irreconcilable differences

Step 7: Finalize Your Divorce

For uncontested cases, a brief hearing may be required. Contested cases involve negotiations, possible trial, and final judgment.

Franklin County Divorce Timeline

Uncontested Divorce (Both Agree):

Minimum: 6 months for irreconcilable differences (state-mandated waiting period)
Typical: 2-4 months from filing to final decree
Best case: 6-10 weeks with all paperwork perfect

Contested Divorce (Disputes to Resolve):

Minor disagreements: 4-8 months
Significant disputes: 8-14 months
Trial required: 12-24 months

Timelines depend on court calendar availability in Franklin County, case complexity, and how quickly both parties respond to requests.

Franklin County Circuit Court

Franklin County's divorce cases are handled by the Circuit Court. The court manages all aspects of family law including divorce, custody, support, and property division.

Court Functions:

Process divorce petitions
Conduct hearings and trials
Issue temporary orders
Approve settlement agreements
Enter final divorce decrees

Court Staff:
The Clerk of Courts office handles all filing, fee collection, and record keeping for Franklin County divorce cases.

Illinois Divorce Court Locator

Franklin County Family and Divorce Courts

Court Name:

62nd District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge John Will-W. Biard

Clerks:

Ellen Jaggers

Court Name:

8th District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge Eddie Northcutt

Clerks:

Ellen Jaggers

Court Name:

Franklin County Court of Common Pleas

Court Address:

157 Lincoln Way E

Chambersburg,

17201

Phone:

717-261-3858

Fax:

717-264-6772

Clerk Hours:

8:30am-4:30pm

Website:

http://www.co.greene.pa.us/

Clerks:

Linda L. Beard

Court Name:

20th Judicial Circuit Court

Court Address:

401 E Main

Union,

63084

Phone:

636-583-7378

Clerk Hours:

8am-4:30pm

Website:

https://www.franklinmo.org/

Clerks:

Bill D. Miller

Court Name:

2nd Judicial Circuit Court

Court Address:

Public Courthouse Square

Benton,

62812

Phone:

618-439-2011

Fax:

618-439-4119

Website:

http://franklincountyil.gov/

Clerks:

Nancy Hobbs

Court Name:

Maine District Court - Farmington

Court Address:

129 Main

Farmington,

04938

Phone:

207-778-2119

Fax:

207-778-8273

Clerk Hours:

8am-4pm

Website:

https://www.franklincounty.maine.gov/

Clerks:

Laurie Pratt

Parking:

Parking is available in front of the courthouse building.

Court Name:

5th Judicial Circuit

Court Address:

211 W Commercial

Ozark,

72949

Phone:

479-667-3818

Fax:

479-667-5174

Clerk Hours:

8am-4:30pm

Clerks:

Wilma Brushwood

Court Name:

Franklin County Trial Court

Court Address:

459 Main

Brookville,

47012

Phone:

(765) 647-5111

Fax:

(765) 647-3224

Website:

http://www.franklincounty.in.gov/

Clerks:

Karla Bauman

Court Name:

Franklin Probate and Family Court

Court Address:

101 Munson street

Greenfield,

01302

Phone:

413-774-7011

Fax:

413-774-3829

Clerk Hours:

8am-4:30pm

Parking:

There is free parking available on Munson Street.

Court Name:

Franklin County Supreme Court

Court Address:

355 West Main Street

Malone,

12953-1817

Phone:

518-481-1681

Fax:

518-483-9143

Website:

https://countyfranklin.digitaltowpath.org:10078/content

Clerks:

Kip Cassavaw

Court Name:

Franklin County Court of Common Pleas, Domestic Relations Div.

Court Address:

373 South High Street, 6th Floor

Columbus,

43215

Phone:

(614) 525-3621

Fax:

(614) 525-4325

Clerk Hours:

8am-5pm

Website:

https://www.franklincountyohio.gov/

Clerks:

Maryellen O'Shaughnessy

Parking:

Parking is available at meters (for short time periods) near the courthouse on Fulton and Mound Streets and in several nearby garages including the Courthouse's own garage located west of the building on Front Street. In general parking costs range from $2 to $8 based on length of stay and location.

Court Name:

Franklin Circuit Court

Court Address:

275 South Main Street Suite 212

Rocky Mount,

24151

Phone:

540-483-3065

Fax:

540-483-3042

Clerk Hours:

8:30am-5pm

Website:

http://www.franklincountyva.gov/

Clerks:

Teresa J. Brown

Court Name:

Franklin Family Division

Court Address:

36 Lake St

St Albans,

5478

Phone:

802-524-7997

Website:

https://www.fcrccvt.com/

Judges:

Honorable Howard VanBenthuysen, Presiding Judge

Court Name:

Franklin County District Court

Court Address:

113 Market Street

Louisburg,

27549

Phone:

919-496-5994

Fax:

919-496-2683

Clerk Hours:

8am-5pm

Website:

http://www.franklincountync.us/

Clerks:

Kristen G. King

Court Name:

Franklin County Superior Court

Court Address:

9592 Lavonia Rd.

Carnesville,

30521

Phone:

(706) 384 2514

Clerk Hours:

8am-5pm

Website:

https://franklincountyga.gov/

Judges:

Thomas L. Hodges Jeffery Malcom Chris Phelps

Clerks:

Melissa Blakely Holbrook

Court Name:

Franklin County Superior Court

Court Address:

1016 N 4th Ave

Pasco,

99301

Phone:

509-736-3071

Fax:

509-736-3057

Clerk Hours:

8:30am-4:00pm

Website:

http://www.co.franklin.wa.us/

Judges:

Alexander Carl Ekstrom Cameron Mitchell Carrie L. Runge Bruce A. Spanner Robert G. Swisher Vic L. VanderSchoor Jerry Roach David L. Petersen

Clerks:

Michael J. Killian

Court Name:

Franklin County Circuit Court

Court Address:

360 Wilton Circle, Room 157

Winchester,

37398

Phone:

931-967-2923

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.franklincotn.us/

Judges:

Justin C. Angel, Thomas W. Graham, J. Curtis Smith, Thomas C. Faris, Gary L. Leech, Trudy McKelvey Edwards, Becky Sherman, Sarah F. Simmons

Clerks:

Robert Baggett

Court Name:

Franklin County Circuit Court

Court Address:

410 N Jackson Ave

Russellville,

35653

Phone:

256-332-8861

Website:

http://www.franklincountyal.org/

Clerks:

Anita Scott

Court Name:

Franklin County Magistrate Court

Court Address:

39 West Oneida

Preston,

83263

Phone:

(208) 852-1090

Website:

http://www.franklincountyidaho.org/

Clerks:

Shauna Geddes

Court Name:

Franklin County District Court

Court Address:

12 First Avenue NW, Suite 203

Hampton,

50441

Phone:

(641) 456 5626

Fax:

(641) 456 5628

Clerk Hours:

8am-4:30pm

Website:

http://co.franklin.ia.us/

Judges:

Kurt L. Wilke, Rustin T. Davenport, James M. Drew, Christopher C. Foy, John J. Haney, Gregg Rosenbladt, DeDra L. Schroeder, Colleen D. Weiland, Annette Boehlje, Peter B. Newell, Karen Kaufman Salic

Clerks:

Debra Bausman

Court Name:

Franklin County District Court

Court Address:

301 S Main

Ottawa,

66067-0637

Phone:

(785) 242 6000

Fax:

(785) 242 5970

Clerk Hours:

8am-12 & 1pm-4

Website:

https://www.franklincoks.org/

Judges:

Douglas P. Witteman,Eric W. Godderz,Kevin Kimball,

Clerks:

Linda S. Meier

Court Name:

Franklin County Court

Court Address:

405 15th Avenue

Franklin,

68939

Phone:

(308) 425-6288

Fax:

(308) 425-6289

Website:

http://www.co.franklin.ne.us/

Clerks:

Darcie Porter

Court Name:

Franklin County Chancery Court

Court Address:

P.O. Box 297

Meadville,

39653

Phone:

601-384-2330

Fax:

601-384-5864

Clerk Hours:

8am-5pm

Website:

https://franklincoms.weebly.com/

Judges:

Debbra K. Halford

Clerks:

Jill Jordan Gilbert

Court Name:

Franklin County, Family Law Division Circuit Court, Family Division

Court Address:

33 Market Street #203

Apalachicola,

32320

Phone:

850-697-2112

Website:

https://www.franklincountyflorida.com/

Court Name:

Franklin County Family Court

Court Address:

222 St. Clair Street

Frankfort,

40601

Phone:

502-564-2278

Fax:

502-564-2311

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://franklincounty.ky.gov/

Judges:

Squire Williams

Clerks:

Sally Jump

Illinois Divorce Court Locator

Franklin County Family and Divorce Courts

Court Name:

62nd District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge John Will-W. Biard

Clerks:

Ellen Jaggers

Court Name:

8th District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge Eddie Northcutt

Clerks:

Ellen Jaggers

Court Name:

Franklin County Court of Common Pleas

Court Address:

157 Lincoln Way E

Chambersburg,

17201

Phone:

717-261-3858

Fax:

717-264-6772

Clerk Hours:

8:30am-4:30pm

Website:

http://www.co.greene.pa.us/

Clerks:

Linda L. Beard

Court Name:

20th Judicial Circuit Court

Court Address:

401 E Main

Union,

63084

Phone:

636-583-7378

Clerk Hours:

8am-4:30pm

Website:

https://www.franklinmo.org/

Clerks:

Bill D. Miller

Court Name:

2nd Judicial Circuit Court

Court Address:

Public Courthouse Square

Benton,

62812

Phone:

618-439-2011

Fax:

618-439-4119

Website:

http://franklincountyil.gov/

Clerks:

Nancy Hobbs

Court Name:

Maine District Court - Farmington

Court Address:

129 Main

Farmington,

04938

Phone:

207-778-2119

Fax:

207-778-8273

Clerk Hours:

8am-4pm

Website:

https://www.franklincounty.maine.gov/

Clerks:

Laurie Pratt

Parking:

Parking is available in front of the courthouse building.

Court Name:

5th Judicial Circuit

Court Address:

211 W Commercial

Ozark,

72949

Phone:

479-667-3818

Fax:

479-667-5174

Clerk Hours:

8am-4:30pm

Clerks:

Wilma Brushwood

Court Name:

Franklin County Trial Court

Court Address:

459 Main

Brookville,

47012

Phone:

(765) 647-5111

Fax:

(765) 647-3224

Website:

http://www.franklincounty.in.gov/

Clerks:

Karla Bauman

Court Name:

Franklin Probate and Family Court

Court Address:

101 Munson street

Greenfield,

01302

Phone:

413-774-7011

Fax:

413-774-3829

Clerk Hours:

8am-4:30pm

Parking:

There is free parking available on Munson Street.

Court Name:

Franklin County Supreme Court

Court Address:

355 West Main Street

Malone,

12953-1817

Phone:

518-481-1681

Fax:

518-483-9143

Website:

https://countyfranklin.digitaltowpath.org:10078/content

Clerks:

Kip Cassavaw

Court Name:

Franklin County Court of Common Pleas, Domestic Relations Div.

Court Address:

373 South High Street, 6th Floor

Columbus,

43215

Phone:

(614) 525-3621

Fax:

(614) 525-4325

Clerk Hours:

8am-5pm

Website:

https://www.franklincountyohio.gov/

Clerks:

Maryellen O'Shaughnessy

Parking:

Court Name:

Franklin Circuit Court

Court Address:

275 South Main Street Suite 212

Rocky Mount,

24151

Phone:

540-483-3065

Fax:

540-483-3042

Clerk Hours:

8:30am-5pm

Website:

http://www.franklincountyva.gov/

Clerks:

Teresa J. Brown

Court Name:

Franklin Family Division

Court Address:

36 Lake St

St Albans,

5478

Phone:

802-524-7997

Website:

https://www.fcrccvt.com/

Judges:

Honorable Howard VanBenthuysen, Presiding Judge

Court Name:

Franklin County District Court

Court Address:

113 Market Street

Louisburg,

27549

Phone:

919-496-5994

Fax:

919-496-2683

Clerk Hours:

8am-5pm

Website:

http://www.franklincountync.us/

Clerks:

Kristen G. King

Court Name:

Franklin County Superior Court

Court Address:

9592 Lavonia Rd.

Carnesville,

30521

Phone:

(706) 384 2514

Clerk Hours:

8am-5pm

Website:

https://franklincountyga.gov/

Judges:

Thomas L. Hodges Jeffery Malcom Chris Phelps

Clerks:

Melissa Blakely Holbrook

Court Name:

Franklin County Superior Court

Court Address:

1016 N 4th Ave

Pasco,

99301

Phone:

509-736-3071

Fax:

509-736-3057

Clerk Hours:

8:30am-4:00pm

Website:

http://www.co.franklin.wa.us/

Judges:

Alexander Carl Ekstrom Cameron Mitchell Carrie L. Runge Bruce A. Spanner Robert G. Swisher Vic L. VanderSchoor Jerry Roach David L. Petersen

Clerks:

Michael J. Killian

Court Name:

Franklin County Circuit Court

Court Address:

360 Wilton Circle, Room 157

Winchester,

37398

Phone:

931-967-2923

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.franklincotn.us/

Judges:

Justin C. Angel, Thomas W. Graham, J. Curtis Smith, Thomas C. Faris, Gary L. Leech, Trudy McKelvey Edwards, Becky Sherman, Sarah F. Simmons

Clerks:

Robert Baggett

Court Name:

Franklin County Circuit Court

Court Address:

410 N Jackson Ave

Russellville,

35653

Phone:

256-332-8861

Website:

http://www.franklincountyal.org/

Clerks:

Anita Scott

Court Name:

Franklin County Magistrate Court

Court Address:

39 West Oneida

Preston,

83263

Phone:

(208) 852-1090

Website:

http://www.franklincountyidaho.org/

Clerks:

Shauna Geddes

Court Name:

Franklin County District Court

Court Address:

12 First Avenue NW, Suite 203

Hampton,

50441

Phone:

(641) 456 5626

Fax:

(641) 456 5628

Clerk Hours:

8am-4:30pm

Website:

http://co.franklin.ia.us/

Judges:

Kurt L. Wilke, Rustin T. Davenport, James M. Drew, Christopher C. Foy, John J. Haney, Gregg Rosenbladt, DeDra L. Schroeder, Colleen D. Weiland, Annette Boehlje, Peter B. Newell, Karen Kaufman Salic

Clerks:

Debra Bausman

Court Name:

Franklin County District Court

Court Address:

301 S Main

Ottawa,

66067-0637

Phone:

(785) 242 6000

Fax:

(785) 242 5970

Clerk Hours:

8am-12 & 1pm-4

Website:

https://www.franklincoks.org/

Judges:

Douglas P. Witteman,Eric W. Godderz,Kevin Kimball,

Clerks:

Linda S. Meier

Court Name:

Franklin County Court

Court Address:

405 15th Avenue

Franklin,

68939

Phone:

(308) 425-6288

Fax:

(308) 425-6289

Website:

http://www.co.franklin.ne.us/

Clerks:

Darcie Porter

Court Name:

Franklin County Chancery Court

Court Address:

P.O. Box 297

Meadville,

39653

Phone:

601-384-2330

Fax:

601-384-5864

Clerk Hours:

8am-5pm

Website:

https://franklincoms.weebly.com/

Judges:

Debbra K. Halford

Clerks:

Jill Jordan Gilbert

Court Name:

Franklin County, Family Law Division Circuit Court, Family Division

Court Address:

33 Market Street #203

Apalachicola,

32320

Phone:

850-697-2112

Website:

https://www.franklincountyflorida.com/

Court Name:

Franklin County Family Court

Court Address:

222 St. Clair Street

Frankfort,

40601

Phone:

502-564-2278

Fax:

502-564-2311

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://franklincounty.ky.gov/

Judges:

Squire Williams

Clerks:

Sally Jump

Free and Low-Cost Resources in Franklin County

Legal Aid Services

Illinois has legal aid organizations that provide free legal help to low-income residents. Contact your local legal aid office to check eligibility for services in Franklin County.

Typical Eligibility: Income at or below 125-200% of federal poverty guidelines

Court Self-Help Resources

Many Illinois courts offer self-help centers with:

Divorce form packets
Filing instructions
Procedural information
Referrals to resources

Contact the Franklin County Circuit Court to ask about available self-help services.

Pro Bono Legal Services

Local bar associations in Illinois may offer:

Free legal consultations
Reduced-fee attorney referrals
Pro bono representation for qualified cases

Mediation Services

Franklin County may offer court-connected mediation at reduced rates, typically much less expensive than private mediation.

Affordable Online Divorce Services for Franklin County

Online divorce services provide an affordable alternative to hiring an attorney for uncontested cases in Franklin County.

Benefits of Online Services:

Franklin County-specific forms and filing instructions
Professional document preparation
Significant cost savings vs. attorney fees
Convenient online process
Support throughout your case

Best For:

Uncontested divorces where both spouses agree
Cases without complex assets or custody disputes
Couples able to cooperate on terms
People seeking affordable professional help

Typical Cost Range: $500-$2,000 plus court filing fees

Online services work well in Franklin County for straightforward cases while providing guidance and form preparation assistance.

Divorce with Children in Franklin County

Franklin County courts prioritize children's best interests in custody and support decisions.

Child Custody in Illinois

Illinois courts consider multiple factors when determining custody:

Each parent's ability to care for children
Children's relationship with each parent
Stability of proposed living arrangements
Children's adjustment to home, school, community
Parents' willingness to cooperate
Any history of abuse or neglect

Parenting Time

Franklin County courts encourage meaningful relationships with both parents unless safety concerns exist. Parenting time schedules are customized to each family's situation.

Child Support

Illinois uses guidelines based on:

Both parents' incomes
Number of children
Parenting time allocation
Healthcare and childcare costs

Mandatory Requirements

Illinois may require parents in Franklin County to:

Complete parenting education classes
Attend mediation for custody disputes
Submit detailed parenting plans
Provide financial disclosure

Common Mistakes in Franklin County Divorces

1. Incomplete Financial Disclosure

Illinois requires full financial disclosure in divorce cases. Incomplete or inaccurate information causes delays and can result in court sanctions.

2. Missing Deadlines

Franklin County Circuit Court imposes deadlines for responses, discovery, and other filings. Missing deadlines can result in default judgments or case dismissal.

3. Incorrect Forms or Formatting

Each Illinois county has specific form requirements. Using outdated forms or incorrect formats results in rejected filings.

4. Poor Service of Process

Improperly serving your spouse invalidates the entire case. Follow Illinois's service requirements exactly.

5. Not Following Court Orders

Violating temporary orders issued by Franklin County court can result in contempt charges and negatively impact your case.

6. Failing to Update Information

Changes in income, residence, or circumstances must be reported to Franklin County court promptly.

7. Representing Yourself in Complex Cases

While self-representation is allowed in Franklin County, complex cases involving businesses, substantial assets, or high-conflict custody benefit from attorney representation.

Franklin County Divorce FAQs

How long does it take to get divorced in Franklin County?

Uncontested divorces in Franklin County typically take 2-4 months from filing to final decree. Illinois requires 6 months for irreconcilable differences waiting period. Contested cases take 8-18 months or longer depending on complexity.

How much does divorce cost in Franklin County?

Filing fees vary by Illinois county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases.

Do I need a lawyer to get divorced in Franklin County?

No, but whether you should hire one depends on your situation. Attorney representation is recommended for cases involving significant assets, business ownership, contested custody, or domestic violence. Simple uncontested divorces often work well with online service assistance.

Can I file for divorce in Franklin County if my spouse lives elsewhere?

Yes, as long as you meet Illinois's residency requirement (90 days), you can file in Franklin County even if your spouse lives in another county or state.

What if my spouse doesn't respond to divorce papers?

If your spouse doesn't respond within the required timeframe in Illinois, you can request a default judgment from Franklin County court.

How is property divided in Franklin County?

Illinois follows equitable distribution rules. The court divides marital property fairly based on various factors, not necessarily equally.

Does Franklin County require separation before divorce?

Illinois's laws determine separation requirements. 6 months for irreconcilable differences waiting period applies after filing. Formal separation is not required before filing.

Can I change my name back in my divorce?

Yes, you can request to resume your maiden name or previous name as part of your Franklin County divorce decree.

What if I can't afford the filing fee?

Franklin County court may waive filing fees if you qualify based on low income or receipt of public assistance. File a fee waiver application with your petition.

Are divorce records public in Franklin County?

Yes, divorce records filed with Franklin County Circuit Court are generally public records, though you can request certain sensitive information be sealed.

Next Steps: Start Your Franklin County Divorce

Step 1: Verify you meet Illinois's residency requirement (90 days)
Step 2: Gather all required financial and personal documents
Step 3: Decide between self-filing, online service, or attorney
Step 4: Complete Franklin County-specific divorce forms
Step 5: File petition with Franklin County Clerk of Courts
Step 6: Serve your spouse with divorce papers
Step 7: Complete any mandatory requirements
Step 8: Finalize your divorce through settlement or hearing

About This Franklin County Divorce Guide

This comprehensive guide provides detailed information about filing for divorce in Franklin County, Illinois. Information covers local procedures, filing requirements, costs, and resources specific to Franklin County's Circuit Court.

Last Updated: February 2026

Note: Laws and procedures change. Always verify current requirements with Franklin County Clerk of Courts or consult with a qualified Illinois family law attorney.

RETAINER FEE  
PETITION    

COURT FILING FEE  SUMMONS  
AFFIDAVIT
  MOTIONS  
ARGUMENTS  
TEMPORARY ORDERS  HEARINGS  
SUBPOENAS
  DEPOSITIONS
  SETTLEMENT  CONFERENCES  JUDGEMENT

    TRIAL  
APPEALS

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Franklin County Divorce Guide: Filing in Benton, Illinois

Franklin County Divorce at a Glance

County: Franklin County
Primary City: Benton, Illinois
Court Type: Circuit Court
Residency Requirement: 90 days
Waiting Period: 6 months for irreconcilable differences

What Makes Franklin County Unique

Every county in Illinois follows the same state divorce laws, but Franklin County has specific local procedures, filing requirements, and resources that affect your divorce process.

Local Court Procedures

Filing Requirements

Community Resources

Franklin County offers various divorce-related resources including mediation services, self-help centers, and legal aid programs. Availability and eligibility vary by county.

Franklin County Court Filing Fees

Divorce Petition: Filing fees in Illinois vary by county. Contact the Franklin County Clerk of Courts for current exact fees.

Typical Illinois Filing Fees: $75-$450 depending on county

Additional Costs:

Service of process: $40-$150
Certified copies: $1-$5 per page
Motion filing fees: $25-$100 each

Payment Methods:
Most Illinois courts accept cash, check, money order, and credit/debit cards. Some countys charge a processing fee for card payments.

Attorney Costs in Franklin County

Attorney fees in Franklin County vary based on experience, case complexity, and whether your divorce is contested.

Hourly Rates:

Entry-level attorneys: $150-$275/hour
Experienced attorneys: $275-$400/hour
Senior attorneys: $400-$500/hour

Average Total Costs:

Simple uncontested: $1,500-$4,000
Contested divorce: $8,000-$30,000+
High-conflict cases: $30,000-$60,000+

Retainer Requirements:

Uncontested: $1,500-$3,000
Contested: $5,000-$15,000+

These are typical ranges for Illinois attorneys. Actual costs in Franklin County depend on your specific situation.

How to File for Divorce in Franklin County

Step 1: Verify Residency

You or your spouse must meet Illinois's residency requirement: 90 days

Step 2: Gather Documents

Marriage certificate (certified copy)
Financial records (pay stubs, tax returns, bank statements)
Property records
Debt information
Children's information (if applicable)

Step 3: Complete Divorce Forms

Illinois requires specific forms for divorce petitions. Franklin County may have additional local forms.

Required documents typically include:

Petition/Complaint for Divorce
Financial affidavits
Child custody forms (if applicable)
Settlement agreement (if uncontested)

Step 4: File with the Court

Submit your completed forms to the Franklin County Clerk of Courts along with the filing fee. Many Illinois countys now offer electronic filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be served with divorce papers according to Illinois law. Service options include:

Sheriff's department
Private process server
Certified mail (if spouse agrees)

Step 6: Complete Mandatory Requirements

Illinois may require:

Parenting classes (if children involved)
Financial disclosures
Mediation attempts
Waiting period: 6 months for irreconcilable differences

Step 7: Finalize Your Divorce

For uncontested cases, a brief hearing may be required. Contested cases involve negotiations, possible trial, and final judgment.

Franklin County Divorce Timeline

Uncontested Divorce (Both Agree):

Minimum: 6 months for irreconcilable differences (state-mandated waiting period)
Typical: 2-4 months from filing to final decree
Best case: 6-10 weeks with all paperwork perfect

Contested Divorce (Disputes to Resolve):

Minor disagreements: 4-8 months
Significant disputes: 8-14 months
Trial required: 12-24 months

Timelines depend on court calendar availability in Franklin County, case complexity, and how quickly both parties respond to requests.

Franklin County Circuit Court

Franklin County's divorce cases are handled by the Circuit Court. The court manages all aspects of family law including divorce, custody, support, and property division.

Court Functions:

Process divorce petitions
Conduct hearings and trials
Issue temporary orders
Approve settlement agreements
Enter final divorce decrees

Court Staff:
The Clerk of Courts office handles all filing, fee collection, and record keeping for Franklin County divorce cases.

Illinois Divorce Court Locator

Franklin County Family and Divorce Courts

Court Name:

62nd District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge John Will-W. Biard

Clerks:

Ellen Jaggers

Court Name:

8th District Court

Court Address:

200 N Kaufman St

Mount Vernon,

75457

Phone:

903-537-8337

Fax:

903-537-8338

Website:

http://www.co.franklin.tx.us

Judges:

Judge Eddie Northcutt

Clerks:

Ellen Jaggers

Court Name:

Franklin County Court of Common Pleas

Court Address:

157 Lincoln Way E

Chambersburg,

17201

Phone:

717-261-3858

Fax:

717-264-6772

Clerk Hours:

8:30am-4:30pm

Website:

http://www.co.greene.pa.us/

Clerks:

Linda L. Beard

Court Name:

20th Judicial Circuit Court

Court Address:

401 E Main

Union,

63084

Phone:

636-583-7378

Clerk Hours:

8am-4:30pm

Website:

https://www.franklinmo.org/

Clerks:

Bill D. Miller

Court Name:

2nd Judicial Circuit Court

Court Address:

Public Courthouse Square

Benton,

62812

Phone:

618-439-2011

Fax:

618-439-4119

Website:

http://franklincountyil.gov/

Clerks:

Nancy Hobbs

Court Name:

Maine District Court - Farmington

Court Address:

129 Main

Farmington,

04938

Phone:

207-778-2119

Fax:

207-778-8273

Clerk Hours:

8am-4pm

Website:

https://www.franklincounty.maine.gov/

Clerks:

Laurie Pratt

Parking:

Parking is available in front of the courthouse building.

Court Name:

5th Judicial Circuit

Court Address:

211 W Commercial

Ozark,

72949

Phone:

479-667-3818

Fax:

479-667-5174

Clerk Hours:

8am-4:30pm

Clerks:

Wilma Brushwood

Court Name:

Franklin County Trial Court

Court Address:

459 Main

Brookville,

47012

Phone:

(765) 647-5111

Fax:

(765) 647-3224

Website:

http://www.franklincounty.in.gov/

Clerks:

Karla Bauman

Court Name:

Franklin Probate and Family Court

Court Address:

101 Munson street

Greenfield,

01302

Phone:

413-774-7011

Fax:

413-774-3829

Clerk Hours:

8am-4:30pm

Parking:

There is free parking available on Munson Street.

Court Name:

Franklin County Supreme Court

Court Address:

355 West Main Street

Malone,

12953-1817

Phone:

518-481-1681

Fax:

518-483-9143

Website:

https://countyfranklin.digitaltowpath.org:10078/content

Clerks:

Kip Cassavaw

Court Name:

Franklin County Court of Common Pleas, Domestic Relations Div.

Court Address:

373 South High Street, 6th Floor

Columbus,

43215

Phone:

(614) 525-3621

Fax:

(614) 525-4325

Clerk Hours:

8am-5pm

Website:

https://www.franklincountyohio.gov/

Clerks:

Maryellen O'Shaughnessy

Parking:

Court Name:

Franklin Circuit Court

Court Address:

275 South Main Street Suite 212

Rocky Mount,

24151

Phone:

540-483-3065

Fax:

540-483-3042

Clerk Hours:

8:30am-5pm

Website:

http://www.franklincountyva.gov/

Clerks:

Teresa J. Brown

Court Name:

Franklin Family Division

Court Address:

36 Lake St

St Albans,

5478

Phone:

802-524-7997

Website:

https://www.fcrccvt.com/

Judges:

Honorable Howard VanBenthuysen, Presiding Judge

Court Name:

Franklin County District Court

Court Address:

113 Market Street

Louisburg,

27549

Phone:

919-496-5994

Fax:

919-496-2683

Clerk Hours:

8am-5pm

Website:

http://www.franklincountync.us/

Clerks:

Kristen G. King

Court Name:

Franklin County Superior Court

Court Address:

9592 Lavonia Rd.

Carnesville,

30521

Phone:

(706) 384 2514

Clerk Hours:

8am-5pm

Website:

https://franklincountyga.gov/

Judges:

Thomas L. Hodges Jeffery Malcom Chris Phelps

Clerks:

Melissa Blakely Holbrook

Court Name:

Franklin County Superior Court

Court Address:

1016 N 4th Ave

Pasco,

99301

Phone:

509-736-3071

Fax:

509-736-3057

Clerk Hours:

8:30am-4:00pm

Website:

http://www.co.franklin.wa.us/

Judges:

Alexander Carl Ekstrom Cameron Mitchell Carrie L. Runge Bruce A. Spanner Robert G. Swisher Vic L. VanderSchoor Jerry Roach David L. Petersen

Clerks:

Michael J. Killian

Court Name:

Franklin County Circuit Court

Court Address:

360 Wilton Circle, Room 157

Winchester,

37398

Phone:

931-967-2923

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.franklincotn.us/

Judges:

Justin C. Angel, Thomas W. Graham, J. Curtis Smith, Thomas C. Faris, Gary L. Leech, Trudy McKelvey Edwards, Becky Sherman, Sarah F. Simmons

Clerks:

Robert Baggett

Court Name:

Franklin County Circuit Court

Court Address:

410 N Jackson Ave

Russellville,

35653

Phone:

256-332-8861

Website:

http://www.franklincountyal.org/

Clerks:

Anita Scott

Court Name:

Franklin County Magistrate Court

Court Address:

39 West Oneida

Preston,

83263

Phone:

(208) 852-1090

Website:

http://www.franklincountyidaho.org/

Clerks:

Shauna Geddes

Court Name:

Franklin County District Court

Court Address:

12 First Avenue NW, Suite 203

Hampton,

50441

Phone:

(641) 456 5626

Fax:

(641) 456 5628

Clerk Hours:

8am-4:30pm

Website:

http://co.franklin.ia.us/

Judges:

Kurt L. Wilke, Rustin T. Davenport, James M. Drew, Christopher C. Foy, John J. Haney, Gregg Rosenbladt, DeDra L. Schroeder, Colleen D. Weiland, Annette Boehlje, Peter B. Newell, Karen Kaufman Salic

Clerks:

Debra Bausman

Court Name:

Franklin County District Court

Court Address:

301 S Main

Ottawa,

66067-0637

Phone:

(785) 242 6000

Fax:

(785) 242 5970

Clerk Hours:

8am-12 & 1pm-4

Website:

https://www.franklincoks.org/

Judges:

Douglas P. Witteman,Eric W. Godderz,Kevin Kimball,

Clerks:

Linda S. Meier

Court Name:

Franklin County Court

Court Address:

405 15th Avenue

Franklin,

68939

Phone:

(308) 425-6288

Fax:

(308) 425-6289

Website:

http://www.co.franklin.ne.us/

Clerks:

Darcie Porter

Court Name:

Franklin County Chancery Court

Court Address:

P.O. Box 297

Meadville,

39653

Phone:

601-384-2330

Fax:

601-384-5864

Clerk Hours:

8am-5pm

Website:

https://franklincoms.weebly.com/

Judges:

Debbra K. Halford

Clerks:

Jill Jordan Gilbert

Court Name:

Franklin County, Family Law Division Circuit Court, Family Division

Court Address:

33 Market Street #203

Apalachicola,

32320

Phone:

850-697-2112

Website:

https://www.franklincountyflorida.com/

Court Name:

Franklin County Family Court

Court Address:

222 St. Clair Street

Frankfort,

40601

Phone:

502-564-2278

Fax:

502-564-2311

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://franklincounty.ky.gov/

Judges:

Squire Williams

Clerks:

Sally Jump

Free and Low-Cost Resources in Franklin County

Legal Aid Services

Illinois has legal aid organizations that provide free legal help to low-income residents. Contact your local legal aid office to check eligibility for services in Franklin County.

Typical Eligibility: Income at or below 125-200% of federal poverty guidelines

Court Self-Help Resources

Many Illinois courts offer self-help centers with:

Divorce form packets
Filing instructions
Procedural information
Referrals to resources

Contact the Franklin County Circuit Court to ask about available self-help services.

Pro Bono Legal Services

Local bar associations in Illinois may offer:

Free legal consultations
Reduced-fee attorney referrals
Pro bono representation for qualified cases

Mediation Services

Franklin County may offer court-connected mediation at reduced rates, typically much less expensive than private mediation.

Affordable Online Divorce Services for Franklin County

Online divorce services provide an affordable alternative to hiring an attorney for uncontested cases in Franklin County.

Benefits of Online Services:

Franklin County-specific forms and filing instructions
Professional document preparation
Significant cost savings vs. attorney fees
Convenient online process
Support throughout your case

Best For:

Uncontested divorces where both spouses agree
Cases without complex assets or custody disputes
Couples able to cooperate on terms
People seeking affordable professional help

Typical Cost Range: $500-$2,000 plus court filing fees

Online services work well in Franklin County for straightforward cases while providing guidance and form preparation assistance.

Divorce with Children in Franklin County

Franklin County courts prioritize children's best interests in custody and support decisions.

Child Custody in Illinois

Illinois courts consider multiple factors when determining custody:

Each parent's ability to care for children
Children's relationship with each parent
Stability of proposed living arrangements
Children's adjustment to home, school, community
Parents' willingness to cooperate
Any history of abuse or neglect

Parenting Time

Franklin County courts encourage meaningful relationships with both parents unless safety concerns exist. Parenting time schedules are customized to each family's situation.

Child Support

Illinois uses guidelines based on:

Both parents' incomes
Number of children
Parenting time allocation
Healthcare and childcare costs

Mandatory Requirements

Illinois may require parents in Franklin County to:

Complete parenting education classes
Attend mediation for custody disputes
Submit detailed parenting plans
Provide financial disclosure

Common Mistakes in Franklin County Divorces

1. Incomplete Financial Disclosure

Illinois requires full financial disclosure in divorce cases. Incomplete or inaccurate information causes delays and can result in court sanctions.

2. Missing Deadlines

Franklin County Circuit Court imposes deadlines for responses, discovery, and other filings. Missing deadlines can result in default judgments or case dismissal.

3. Incorrect Forms or Formatting

Each Illinois county has specific form requirements. Using outdated forms or incorrect formats results in rejected filings.

4. Poor Service of Process

Improperly serving your spouse invalidates the entire case. Follow Illinois's service requirements exactly.

5. Not Following Court Orders

Violating temporary orders issued by Franklin County court can result in contempt charges and negatively impact your case.

6. Failing to Update Information

Changes in income, residence, or circumstances must be reported to Franklin County court promptly.

7. Representing Yourself in Complex Cases

While self-representation is allowed in Franklin County, complex cases involving businesses, substantial assets, or high-conflict custody benefit from attorney representation.

Franklin County Divorce FAQs

How long does it take to get divorced in Franklin County?

How much does divorce cost in Franklin County?

Do I need a lawyer to get divorced in Franklin County?

Can I file for divorce in Franklin County if my spouse lives elsewhere?

Yes, as long as you meet Illinois's residency requirement (90 days), you can file in Franklin County even if your spouse lives in another county or state.

What if my spouse doesn't respond to divorce papers?

If your spouse doesn't respond within the required timeframe in Illinois, you can request a default judgment from Franklin County court.

How is property divided in Franklin County?

Illinois follows equitable distribution rules. The court divides marital property fairly based on various factors, not necessarily equally.

Does Franklin County require separation before divorce?

Illinois's laws determine separation requirements. 6 months for irreconcilable differences waiting period applies after filing. Formal separation is not required before filing.

Can I change my name back in my divorce?

Yes, you can request to resume your maiden name or previous name as part of your Franklin County divorce decree.

What if I can't afford the filing fee?

Franklin County court may waive filing fees if you qualify based on low income or receipt of public assistance. File a fee waiver application with your petition.

Are divorce records public in Franklin County?

Yes, divorce records filed with Franklin County Circuit Court are generally public records, though you can request certain sensitive information be sealed.

Next Steps: Start Your Franklin County Divorce

About This Franklin County Divorce Guide

Last Updated: February 2026

Note: Laws and procedures change. Always verify current requirements with Franklin County Clerk of Courts or consult with a qualified Illinois family law attorney.

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Franklin County Divorce Guide: Filing in Benton, Illinois

Franklin County Divorce at a Glance

What Makes Franklin County Unique

Local Court Procedures

Filing Requirements

Community Resources

Franklin County Court Filing Fees

Attorney Costs in Franklin County

How to File for Divorce in Franklin County

Step 1: Verify Residency

Step 2: Gather Documents

Step 3: Complete Divorce Forms

Step 4: File with the Court

Step 5: Serve Your Spouse

Step 6: Complete Mandatory Requirements

Step 7: Finalize Your Divorce

Franklin County Divorce Timeline

Franklin County Circuit Court

Illinois Divorce Court Locator

Franklin County Family and Divorce Courts

Illinois Divorce Court Locator

Franklin County Family and Divorce Courts

Free and Low-Cost Resources in Franklin County

Legal Aid Services

Court Self-Help Resources

Pro Bono Legal Services

Mediation Services

Affordable Online Divorce Services for Franklin County

Divorce with Children in Franklin County

Child Custody in Illinois

Parenting Time

Child Support

Mandatory Requirements

Common Mistakes in Franklin County Divorces

1. Incomplete Financial Disclosure

2. Missing Deadlines

3. Incorrect Forms or Formatting

4. Poor Service of Process

5. Not Following Court Orders

6. Failing to Update Information

7. Representing Yourself in Complex Cases

Franklin County Divorce FAQs

How long does it take to get divorced in Franklin County?

How much does divorce cost in Franklin County?

Do I need a lawyer to get divorced in Franklin County?

Can I file for divorce in Franklin County if my spouse lives elsewhere?

The Ultimate Guide
to Getting Started in Your Divorce