Posey County Divorce Records
How To Find a Divorce Record In Posey County in 2026
PoseyRecords.us provides access to publicly available information related to divorce records in Posey County, Indiana. Members of the public may find case numbers, filing dates, party names, and final decree information through official court resources. The following record categories may be available:
- Dissolution of marriage case files
- Final divorce decrees and judgments
- Parenting plans and custody orders
- Property division orders
- Post-judgment modification records
Divorce records in Posey County may be searched through official resources including the Posey County Clerk of Courts, the Indiana Courts online case search portal, and the Indiana State Department of Health Vital Records office. Members of the public may access these records in person, by mail, by phone, or through online tools.
Online Searches
1. Clerk of Court Case Search
The Indiana Courts public access portal, mycase.in.gov, is the most common method for searching divorce case records. Basic case information is available at no charge. Copies of documents may require a fee.
2. State Court System Portal
The Indiana Courts online portal allows searches across all Indiana jurisdictions, including Posey County. The consolidated database returns case numbers, party names, hearing dates, and docket entries.
3. State Vital Records
Indiana does not issue divorce certificates through the state vital records office in the same manner as birth or death certificates. The Indiana State Department of Health maintains limited divorce verification records for dissolutions finalized after January 1, 1958. A fee applies for verification letters.
In-Person Searches
Clerk of Courts – Family Division
Posey County Clerk of Courts 126 E Third St, Mount Vernon, IN 47620 Phone: (812) 838-1306 Posey County Clerk of Courts
Office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. Services available in person include:
- Searching case files by party name or case number
- Viewing documents at public access terminals
- Requesting certified copies of final decrees
- Staff assistance for locating archived records
By Mail
Written Request:
Mail requests to:
Posey County Clerk of Courts 126 E Third St, Mount Vernon, IN 47620 Phone: (812) 838-1306 Posey County Clerk of Courts
Include the following with each written request:
- Full names of both parties
- Approximate date of divorce
- Case number, if known
- Requestor's full name and contact information
- Purpose of request, if required
- Payment for applicable copy fees
- Self-addressed stamped envelope for return correspondence
Processing time for mail requests is typically one to two weeks, depending on record volume and whether the file requires retrieval from archives.
By Phone
Limited Information:
The Posey County Clerk of Courts may be reached at (812) 838-1306. Staff can confirm:
- 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 documents, or any confidential information by telephone.
Through Attorneys
An attorney licensed in Indiana may access divorce case files on behalf of a client, request sealed documents through proper court motion, and obtain certified copies. The Indiana State Bar Association provides a lawyer referral service for individuals who require professional assistance with complex or sealed records.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Posey County
- Names of minor children
- Names of attorneys of record, if known
Search in Correct County
Divorce proceedings in Indiana are filed in the county where either spouse resided at the time of filing. Members of the public who are uncertain of the filing county may need to search multiple counties. A divorce may not be searched in the county where the marriage occurred unless one spouse also resided there.
Under Indiana Code § 31-15-2-6, one spouse must have been a resident of Indiana for at least six months prior to filing, and the petition must be filed in the county of that spouse's residence.
Time Considerations
Recent Divorces:
- Records may not appear in the online system immediately following a final hearing
- Allow several days to several weeks for processing after the final decree is entered
- Contact the Clerk's office directly to confirm availability
Older Divorces:
- Records predating electronic filing may be archived in paper format
- Digitization of older files varies; some records require physical retrieval
- Allow additional time for archived file requests
What If You Cannot Find a Record
Common Issues:
- Incorrect county of filing
- Name variations between married and maiden names
- Spelling differences in party names
- Case still pending and not yet finalized
- Very old records held in off-site storage
- Case sealed by court order
Next Steps:
- Contact the Posey County Clerk of Courts at (812) 838-1306
- Attempt alternate name spellings
- Search under both spouses' names
- Check the Indiana State Department of Health for divorce verification
- Retain a licensed Indiana attorney for complex searches
What Are Posey County Divorce Records?
Posey County divorce records are official court documents generated during and after dissolution of marriage proceedings filed in the Posey Circuit Court or Posey Superior Court. These records are maintained by the Posey County Clerk of Courts as part of the family law case file and constitute public records subject to Indiana's Access to Public Records Act, Indiana Code § 5-14-3.
Types of Divorce Records
Court Case Files include the full range of documents filed during the proceeding:
- Petition for dissolution of marriage
- Response or answer to the petition
- Financial affidavits from both parties
- Parenting plans and custody agreements
- Settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings
- Final judgment of dissolution
Final Decree is the official court order that legally ends the marriage. It establishes:
- The date of dissolution
- Division of marital property and debts
- Alimony or spousal maintenance, if ordered
- Child custody and parenting time arrangements, if applicable
- Child support orders, if applicable
- Restoration of a former name, if requested
Certified copies of the final decree are available through the Posey County Clerk of Courts.
Supporting Documents filed in the case file may include:
- Original marriage certificate
- Financial disclosure statements
- Property inventories and appraisals
- Parenting plan modifications
- Post-judgment modification orders
Purpose of Divorce Records
Divorce records serve a range of legal and personal purposes:
- Legal Purposes: Proof of marital status for remarriage, name change documentation, property transfer, estate planning, immigration proceedings, and Social Security benefit applications
- Personal Purposes: Genealogical and family history research, personal record-keeping, and verification of divorce terms
Who Maintains Divorce Records
The Posey County Clerk of Courts is the primary custodian of all divorce case files. The office indexes records by party names and provides certified copies upon request. The Indiana State Department of Health maintains a separate divorce verification record for dissolutions finalized after January 1, 1958, though this record contains limited information compared to the full court file.
Are Posey County Divorce Records Public?
Divorce records filed in Posey County are public court records under Indiana law. Pursuant to Indiana Code § 5-14-3-3, any person may inspect and copy public records of a public agency, including court records, subject to specific statutory exceptions. Members of the public may access basic case information without demonstrating a particular need or interest.
What Is Public:
- Case number and filing date
- Names of parties (petitioner and respondent)
- Names of attorneys of record
- Court hearing dates and times
- Court orders and judgments
- Final divorce decree
- Property division orders
- General case status
- Docket entries reflecting the chronological history of the case
What May Be Restricted:
Financial Information:
- Social Security numbers are redacted from all public filings under federal and state law
- Bank account and credit card numbers are redacted
- Detailed financial statements and tax returns may be subject to limited access or sealing upon motion
Children's Information:
- Addresses where minor children reside
- Schools children attend
- Medical and psychological information about children
- Child custody evaluations may be sealed
- Guardian ad litem reports are restricted
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Personal addresses in cases involving protective orders
- Medical records submitted as exhibits
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 under Indiana law and are not part of the public record.
Who Can Access Records:
- General Public: May access public portions of the case file, view docket summaries, and obtain copies of public documents upon payment of applicable fees. Photo identification may be required.
- 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 documents upon a proper showing.
- Researchers and Media: May access public portions of case files. Court permission is required for sealed records. First Amendment protections apply to news reporting on matters of public concern.
Restrictions on Use:
The following uses of divorce record information are prohibited:
- Stalking, harassment, or intimidation of any party
- Identity theft or fraudulent purposes
- Violation of any protective or restraining order
- Commercial exploitation where prohibited by state law
Permitted uses include legal proceedings, background research, genealogical research, news reporting, academic research, and personal verification of marital status.
Obtaining Confidential Records:
A party seeking access to sealed or restricted records must file a motion with the Posey Circuit Court or Posey Superior Court demonstrating a legitimate legal need. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties. Certain entities, including law enforcement agencies, child protective services, and court-appointed evaluators, may be entitled to access restricted records by statute.
How Much Does It Cost to Get Divorce Records in Posey County?
The Posey County Clerk of Courts charges standard fees for copies and certified copies of divorce records. Current fees are established under Indiana law and apply to all requests regardless of the method of access.
Standard Fee Schedule:
| Service | Current Fee |
|---|---|
| Plain paper copies (per page) | $1.00 per page |
| Certified copy of final decree | $1.00 per page + $5.00 certification fee |
| Certification seal | $5.00 |
| Online case information (basic) | Free |
| Copies obtained through mycase.in.gov | Varies by document |
Accepted Payment Methods:
- Cash (in-person only)
- Check or money order payable to Posey County Clerk of Courts
- Credit or debit card (availability subject to office policy; confirm by phone)
Indiana Code establishes the framework for court copy fees. Members of the public may inspect records at the courthouse at no charge during regular business hours. Fees apply only when copies are requested.
Fee Waivers:
Indigent parties to the original divorce proceeding may petition the court for a waiver of copy fees. A fee waiver requires a showing of financial hardship and is granted at the court's discretion. Parties who were granted in forma pauperis status during the original proceeding may reference that status when requesting a waiver.
What Is Available at No Cost:
- Viewing case docket entries through the Indiana Courts public access portal
- In-person inspection of public case documents at the Clerk's office
- Confirmation of case existence and status by phone
What's Included in Divorce Records in Posey County
A complete divorce case file maintained by the Posey County Clerk of Courts contains documents generated at every stage of the proceeding. The scope of the file depends on whether the case was contested or uncontested and whether children or significant assets were involved.
Basic Case Information:
The case caption identifies the case number, the court name and division, the names of the petitioner and respondent, the judge assigned, and the attorneys of record. Filing information includes the date the petition was filed, the filing fees paid, the case type, and the basis for the court's jurisdiction.
Initial Pleadings:
The Petition for Dissolution of Marriage sets out 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 divorce (Indiana is a no-fault state recognizing irretrievable breakdown of the marriage), information about minor children, claims regarding marital property, and the relief requested. The Response or Answer contains the respondent's position, admissions or denials of the petition's allegations, and any counterpetition filed by the respondent.
Financial Affidavits submitted by both parties disclose:
- All sources of income
- Monthly living expenses
- Real property, vehicles, bank accounts, investments, and personal property
- All debts and liabilities
- The standard of living maintained during the marriage
Discovery Documents:
Discovery materials filed with the court may include interrogatories and answers under oath, requests for production of documents, property inventories, financial records, and in some cases communications relevant to the proceeding.
Property-Related Documents:
The marital asset inventory describes and values all real property, vehicles, bank and investment accounts, retirement accounts, business interests, and personal property. The debt inventory lists mortgages, car loans, credit card balances, personal loans, and tax obligations. Appraisals and expert valuations for real property, businesses, and personal property of significant value are filed as exhibits.
Children-Related Documents:
When minor children are involved, the case file contains a Parenting Plan establishing legal and physical custody, the regular and holiday timesharing schedule, transportation arrangements, and decision-making responsibilities for education, healthcare, religion, and extracurricular activities. Child support documentation includes the Indiana Child Support Worksheet, income information for both parents, the number of overnights, health insurance and childcare costs, and the support amount ordered. Custody evaluations and Guardian ad Litem reports, when ordered, are part of the file but may be restricted from public access.
Support Documents:
Alimony or spousal maintenance orders specify the type, amount, duration, payment schedule, and conditions for modification or termination. Indiana courts may award various forms of spousal maintenance depending on the circumstances of the case.
Settlement Documents:
The Marital Settlement Agreement is a comprehensive document resolving all issues between the parties, including property division, debt allocation, spousal support, and child-related provisions. Mediation agreements, when reached, may be incorporated into the Marital Settlement Agreement. Mediation communications themselves are confidential and are not filed with the court.
Court Orders and Judgments:
Temporary orders entered during the pendency of the case address temporary custody, support, use of the marital home, and any restraining orders. The Final Judgment of Dissolution is the court's definitive order ending the marriage, containing findings of fact, conclusions of law, all property and support orders, custody and child support provisions, and the judge's signature and seal. Qualified Domestic Relations Orders (QDROs) are separate orders directing retirement plan administrators to divide retirement benefits as ordered by the court.
Post-Judgment Documents:
After the final decree is entered, the case file may be supplemented with petitions to modify custody or support, court orders on those petitions, contempt motions alleging non-compliance, income deduction orders, and enforcement actions.
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 measures
- Mental health evaluations and substance abuse records
- Mediation communications
- Settlement negotiations not incorporated into filed documents
How to Get Proof of Divorce in Posey County
Proof of divorce in Posey County is obtained through a certified copy of the Final Judgment of Dissolution issued by the Posey County Clerk of Courts. A certified copy bears the court's official seal and the clerk's certification, making it legally acceptable for remarriage applications, name change proceedings, immigration filings, and other official purposes.
Steps to Obtain a Certified Copy:
- Identify the case number using the Indiana Courts public access portal or by contacting the Clerk's office directly.
- Submit a request in person, by mail, or by phone to the Posey County Clerk of Courts at 126 E Third St, Mount Vernon, IN 47620, (812) 838-1306.
- Provide the full names of both parties, the approximate date of divorce, and the case number if known.
- Pay the applicable certification fee (currently $1.00 per page plus a $5.00 certification fee).
- Receive the certified copy in person or by mail with a self-addressed stamped envelope.
For individuals who need proof of divorce but cannot locate the Posey County case, the Indiana State Department of Health Vital Records issues divorce verification letters for dissolutions finalized after January 1, 1958. A verification letter confirms that a divorce occurred but does not contain the full terms of the decree.
Posey County Clerk of Courts 126 E Third St, Mount Vernon, IN 47620 Phone: (812) 838-1306 Posey County Clerk of Courts
Indiana State Department of Health – Vital Records 2 N Meridian St, Indianapolis, IN 46204 Phone: (317) 233-2700 Indiana State Department of Health
Can a Divorce Be Confidential in Posey County?
A divorce proceeding in Posey County may be made confidential in whole or in part, but full confidentiality is the exception rather than the rule. Indiana courts operate under a presumption of public access to court records. However, specific circumstances may support sealing or restricting portions of a divorce file.
Circumstances under which records may be restricted include:
- Domestic violence cases: Addresses and identifying information of protected parties may be withheld to prevent harm, consistent with Indiana's address confidentiality program.
- Children's sensitive information: Psychological evaluations, Guardian ad Litem reports, and records identifying children's schools or residences may be sealed upon motion.
- Financial account information: Social Security numbers and account numbers are redacted from all public filings as a matter of standard practice under federal and state law.
- Mental health and medical records: Records submitted as exhibits may be sealed upon a showing that disclosure would cause harm disproportionate to the public interest in access.
- Sealed by court order: Any party may file a motion to seal specific documents or the entire case file. The court applies a balancing test and must find that the privacy interest outweighs the public's right of access.
Members of the public seeking to seal records must file a motion with the Posey Circuit Court or Posey Superior Court. Indiana's public records framework is governed by Indiana Code § 5-14-3, which sets out the grounds for restricting access to public agency records.
How Long Does Posey County Keep Divorce Records?
Posey County divorce records are retained for extended periods consistent with Indiana's court records retention schedule. The retention period varies by record type and the nature of the case.
Current retention periods applicable to divorce records in Indiana include:
- Final judgments and decrees: Retained permanently. The final decree of dissolution is a permanent court record and is never destroyed.
- Complete case files (contested cases): Retained for a minimum of ten years following the close of the case, with many files retained permanently due to the ongoing legal significance of custody and property orders.
- Complete case files (uncontested cases): Retained for a minimum of ten years following the close of the case.
- Financial affidavits and discovery documents: Retained as part of the case file for the applicable retention period; may be purged separately from the final judgment in some circumstances.
- Post-judgment modification records: Retained as part of the original case file and subject to the same retention schedule.
- Archived paper records: Older paper files may be transferred to off-site storage or converted to microfilm or digital format. Retrieval of archived records may require additional processing time.
The Indiana Commission on Public Records establishes retention schedules for court records under Indiana law. Members of the public seeking records from cases closed many years ago should contact the Posey County Clerk of Courts directly to confirm availability and retrieval procedures.
Posey County Clerk of Courts 126 E Third St, Mount Vernon, IN 47620 Phone: (812) 838-1306 Posey County Clerk of Courts