Montgomery County Divorce Records
How To Find a Divorce Record In Montgomery County in 2026
MontgomeryCountyRecords.us provides access to publicly available information that may include divorce records and related court documents filed in Montgomery County, Indiana. Members of the public may find case numbers, filing dates, party names, final decrees, and related family court documents. Available record categories may include dissolution of marriage filings, custody orders, support agreements, and property division judgments. Access and completeness of records vary depending on the case, filing date, and applicable privacy restrictions.
Records may be searched through official resources including the Montgomery County Clerk of Courts, the Indiana statewide court portal, public access terminals at the courthouse, and online tools maintained by the Indiana Judicial Branch.
Online Searches
1. Clerk of Court Case Search
The MyCase Indiana Courts Case Search portal is the most common method for locating divorce records online. As noted by the Indiana Supreme Court, "official records of court proceedings may only be obtained directly from the court maintaining a particular record." The portal provides free access to basic case information including party names, case numbers, filing dates, and docket entries. Obtaining copies of actual documents may require payment of applicable fees.
2. State Court System Portal
The Indiana Judicial Branch maintains a statewide portal through which members of the public may search court records across all Indiana counties. The Indiana Judicial Branch public records page provides guidance on locating records, understanding access rights, and identifying the appropriate court for a given case.
3. State Vital Records
Indiana does not issue divorce certificates through its vital records office in the same manner as birth or death certificates. However, the Indiana Department of Health Division of Vital Records maintains limited statistical records of divorces. The primary source for certified divorce documentation remains the Clerk of the Circuit Court in the county where the dissolution was filed.
In-Person Searches
Clerk of Court — Montgomery County Circuit Court:
Montgomery County Clerk of Courts
100 E. Main Street
Crawfordsville, IN 47933
Phone: (765) 364-6430
Montgomery County Courts — Indiana Judicial Branch
- Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
- Services available in person:
- Search case files by party name or case number
- View documents at public access terminals
- Request certified copies of final decrees and orders
- Staff assistance for locating archived records
By Mail
Written Request:
- Mail to: Montgomery County Clerk of Courts, 100 E. Main Street, Crawfordsville, IN 47933
- Include the following with each request:
- Full legal names of both parties
- Maiden names, if applicable
- Approximate date of divorce or case filing
- Case number, if known
- Requester'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: Requests are processed within approximately one to two weeks, depending on volume and record age.
By Phone
Limited Information Available:
- Clerk of Court: (765) 364-6430
- Staff may confirm:
- Whether a case exists in the system
- Case number and filing date
- Current case status
- Staff cannot provide:
- Detailed document contents by phone
- Copies of filed documents
- Confidential or restricted information
Through Attorneys
An attorney licensed in Indiana may access court records on behalf of a client, request sealed documents upon a proper showing of cause, and obtain certified copies through professional channels. The Indiana State Bar Association maintains a lawyer referral service for members of the public seeking legal representation in family law matters. Attorney assistance is particularly useful in cases involving sealed records, complex property divisions, or post-judgment modifications.
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 year of filing
- Case number, if previously obtained
Helpful Information:
- Date and location of marriage
- Prior residential addresses in Indiana
- Names of minor children, if applicable
- Names of attorneys of record, if known
Search in Correct County
Under Indiana law, a petition for dissolution of marriage must be filed in the county where either spouse resides at the time of filing, pursuant to Indiana Code § 31-15-2-6. 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 ceremony occurred unless one of the parties also resided there at the time of filing.
Residency Requirement:
Indiana requires that at least one spouse have been a resident of the state for six months and a resident of the county where the petition is filed for three months immediately preceding the filing date.
Time Considerations
Recent Divorces:
- Records may not appear in online systems immediately following a final hearing
- Allow several business days to several weeks for processing after the final order is entered
- The Clerk's office can confirm whether a case has been finalized
Older Divorces:
- Cases predating electronic filing may be stored in paper archives
- Retrieval of archived records may require additional processing time
- Not all historical records have been digitized; staff assistance is recommended
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 Clerk's office at (765) 364-6430
- Attempt alternate name spellings and both spouses' names
- Search the MyCase statewide portal using partial name entries
- Check the Indiana Department of Health vital records for statistical divorce information
- Consult a licensed Indiana attorney for sealed or difficult-to-locate records
What Are Montgomery County Divorce Records?
Montgomery County divorce records are official court documents generated during and after dissolution of marriage proceedings filed in the Montgomery County Circuit Court. These records are maintained by the Clerk of the Circuit Court and constitute part of the permanent family law case file. They serve as the legal documentation of the termination of a marriage and the court's resolution of all related matters.
Types of Divorce Records:
Court Case Files
The complete case file includes all documents filed by the parties and the court throughout the proceeding:
- Petition for dissolution of marriage
- Response or answer to the petition
- Financial affidavits submitted by both parties
- Proposed and approved parenting plans
- Marital settlement agreements
- Motions, responses, and court orders
- Transcripts of court hearings, if prepared
- Final judgment of dissolution of marriage
Final Decree
The final decree is the official court order that legally dissolves the marriage. It is the document most frequently requested for legal and personal purposes. A certified copy of the final decree establishes:
- The exact date the marriage was legally dissolved
- Division of marital property and allocation of debts
- Spousal support or alimony terms, if ordered
- Child custody and parenting time arrangements, if applicable
- Child support obligations, if applicable
- Restoration of a former name, if requested
Certified copies of the final decree are available through the Montgomery County Clerk of Courts. The Indiana Judicial Branch guidance on how to request public records outlines the process for obtaining court documents, including dissolution records.
Supporting Documents
- Original marriage certificate submitted as an exhibit
- Financial disclosure statements and supporting documentation
- Real and personal property inventories
- Post-judgment modification orders
- Qualified Domestic Relations Orders (QDROs) for retirement account division
Purpose of Divorce Records:
Legal Purposes
- Establishing proof of marital status for remarriage
- Documenting name changes with government agencies
- Supporting immigration and naturalization proceedings
- Verifying eligibility for Social Security survivor or spousal benefits
- Facilitating property transfers and estate planning
- Providing documentation in subsequent legal proceedings
Personal Purposes
- Genealogical and family history research
- Personal record-keeping and verification of divorce terms
- Confirming compliance with prior court orders
Who Maintains Divorce Records:
The Montgomery County Clerk of Courts is the primary custodian of all dissolution of marriage case files. The Clerk indexes records by the names of both parties and provides certified copies upon request. The Montgomery County Recorder may hold related property transfer documents recorded in connection with a divorce, such as deeds executed pursuant to a property division order.
The Indiana Department of Health maintains limited statistical records of divorces statewide but does not issue certified copies of dissolution decrees. As the CDC's guide to Indiana vital records notes, divorce records in Indiana are obtained from the clerk of the circuit court in the county where the divorce was granted, not from the state health department.
Legal Framework:
Dissolution of marriage proceedings in Indiana are governed by Indiana Code § 31-15, which establishes the grounds, procedures, and requirements for obtaining a divorce in the state. Public access to court records is governed by the Indiana Access to Public Records Act and the Indiana Rules on Access to Court Records, which establish a presumption of public access subject to specific enumerated exceptions.
Are Montgomery County Divorce Records Public?
Divorce records filed in Montgomery County are public court records subject to the presumption of openness under Indiana law. Members of the public, including parties not involved in the case, may access basic case information and most filed documents. However, certain categories of information within divorce files are restricted or redacted to protect sensitive personal and financial data.
What Is Public:
- Case number and date of filing
- Full names of both parties to the proceeding
- Names of attorneys of record
- Scheduled and completed court hearing dates
- Docket entries reflecting the chronological history of the case
- Court orders and judgments, including the final decree
- Property division orders
- General case status and disposition
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 filed under seal or with restricted access
- Certain income and asset disclosures may have limited public availability
Children's Information:
- Addresses where minor children reside may be withheld
- Names of schools attended by minor children may be restricted
- 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 and contact information in cases involving protective orders may be withheld
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 most case information, 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 of record: Have professional access to case files and may petition the court for access to sealed materials upon a proper showing.
- Researchers and media: May access public portions of case files; access to sealed records requires a court order. First Amendment protections apply to news reporting on matters of public concern.
Restrictions on Use:
Access to divorce records is subject to restrictions on use. Prohibited uses include stalking, harassment, identity theft, and any purpose that violates an existing protective order. Permitted uses include legal proceedings, background verification, genealogical research, news reporting, and academic research.
Obtaining Confidential Records:
A party seeking access to sealed or restricted records must file a motion with the 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 Montgomery County?
The Montgomery County Clerk of Courts charges standard fees for copies and certified copies of court records. Current fees are established pursuant to Indiana Code § 33-37-5-1, which governs court costs and fees in Indiana.
| Service | Current Fee |
|---|---|
| Standard copy (per page) | $1.00 per page |
| Certified copy of final decree | $1.00 per page + $5.00 certification fee |
| Record search (if applicable) | Varies; confirm with Clerk's office |
| Electronic copies (if available) | Confirm current rate with Clerk's office |
- Inspection of records: Members of the public may inspect public court records at the Clerk's office at no charge during regular business hours.
- Copies: Standard paper copies are charged per page. The Clerk's office can confirm the current per-page rate at the time of the request.
- Certified copies: A certification fee is added to the per-page copy cost. Certified copies of the final decree are the most commonly requested certified document.
- Payment methods: The Clerk's office accepts cash, check, and money order. Members of the public should confirm whether credit or debit card payments are accepted prior to visiting.
- Fee waivers: Fee waivers may be available for indigent parties in certain circumstances. A request for a fee waiver must be submitted to the court with supporting documentation.
- Online access: Basic case information available through the MyCase Indiana Courts Case Search portal is provided at no charge. Fees apply to document downloads or certified copy requests processed through the Clerk's office.
What's Included in Divorce Records in Montgomery County
A complete Montgomery County dissolution of marriage case file contains all documents filed by the parties and issued by the court from the date of initial filing through final judgment and any post-judgment proceedings. The scope of the file varies depending on whether the case was contested or uncontested and whether children or significant assets were involved.
Basic Case Information:
- Case number, court name, and assigned judge
- Full names of petitioner and respondent
- Names and contact information of attorneys of record
- Date of filing, case type designation, and filing fees paid
- Jurisdictional basis for the filing
Initial Pleadings:
The petition for dissolution of marriage sets forth the petitioner's identifying information, the date and location of the marriage, the date of separation if applicable, the grounds for dissolution (Indiana is a no-fault state, requiring only that the marriage be irretrievably broken), information regarding minor children, and the relief requested. The respondent's answer or counterpetition sets forth the respondent's position and any independent requests for relief.
Financial Affidavits:
Both parties are required to submit financial affidavits disclosing all sources of income, monthly expenses, assets (including real property, vehicles, bank and investment accounts, and retirement accounts), and liabilities. These documents form the evidentiary basis for property division and support determinations.
Discovery Documents:
In contested cases, the file may include interrogatories and responses, requests for production of documents, deposition notices, and responses to requests for admission. Supporting financial documentation such as tax returns, pay stubs, bank statements, and retirement account statements may be attached as exhibits.
Property-Related Documents:
- Marital asset inventory with descriptions and estimated values
- Debt inventory including mortgages, vehicle loans, and credit obligations
- Real property appraisals and business valuations
- Expert reports on the value of specific assets
Children-Related Documents (if applicable):
- Proposed and approved parenting plans addressing legal and physical custody, parenting time schedules, holiday and vacation provisions, and decision-making authority
- Child support calculation worksheets reflecting income, overnight parenting time, health insurance costs, and childcare expenses
- Custody evaluation reports prepared by court-appointed psychologists or evaluators (may be sealed)
- Guardian ad litem reports and recommendations (restricted access)
Support Documents:
- Spousal maintenance or alimony orders specifying type, amount, duration, and termination conditions
- Income and expense analyses supporting support determinations
Settlement Documents:
In uncontested or mediated cases, the file includes a marital settlement agreement signed by both parties and incorporated into the final judgment. The agreement addresses all issues including property division, debt allocation, support, and child-related matters. Mediation agreements may be incorporated by reference but mediation communications remain confidential.
Court Orders and Judgments:
- Temporary orders entered during the pendency of the case
- The final judgment of dissolution, which is the court's definitive order ending the marriage and resolving all issues
- Qualified Domestic Relations Orders (QDROs) directing retirement plan administrators to divide retirement benefits
Post-Judgment Documents (if applicable):
- Petitions to modify custody, parenting time, or support
- Court orders on modification requests
- Contempt motions and enforcement orders
- Income deduction orders for support enforcement
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 allegations and supporting evidence (may be sealed)
- Mental health and substance abuse evaluation records
- Mediation communications (confidential by statute)
- Settlement negotiations not reduced to a filed agreement
How to Get Proof of Divorce in Montgomery County?
Proof of divorce in Montgomery County is obtained through a certified copy of the final judgment of dissolution of marriage issued by the Montgomery County Clerk of Courts. A certified copy bears the official court seal and the signature of the Clerk, making it legally acceptable for purposes such as remarriage, name changes with government agencies, and immigration proceedings.
Steps to Obtain a Certified Copy:
- Identify the case. Locate the case number using the MyCase Indiana Courts Case Search portal or by contacting the Clerk's office directly.
- Submit a request. Requests may be submitted in person, by mail, or by phone to confirm availability. In-person requests receive the fastest service.
- Provide identifying information. Supply the full names of both parties, the approximate date of the divorce, and the case number if known.
- Pay applicable fees. Certified copies require payment of the per-page copy fee plus the certification fee. Confirm current fees with the Clerk's office prior to submitting payment.
- Receive the certified copy. In-person requests are fulfilled at the time of the visit when records are available. Mail requests are processed within approximately one to two weeks.
Montgomery County Clerk of Courts
100 E. Main Street
Crawfordsville, IN 47933
Phone: (765) 364-6430
Montgomery County Courts — Indiana Judicial Branch
Members of the public who need court forms related to dissolution proceedings may access the Montgomery County Court Forms document center, which provides standardized forms used in local court proceedings.
For divorces that occurred in Indiana but outside Montgomery County, the Indiana Judicial Branch guidance on how to request public records identifies the appropriate office for each record type, including dissolution records maintained by county clerks statewide.
Can a Divorce Be Confidential in Montgomery County?
Divorce proceedings in Montgomery County are presumptively public, but Indiana law and court rules permit the sealing or restriction of specific records or entire case files under defined circumstances. Confidentiality is not automatic and requires a court order based on a demonstrated legal basis.
- Domestic violence cases: Courts may restrict access to addresses, contact information, and case details when a party has obtained a protective order or when disclosure could endanger a party or child.
- Children's information: Under Indiana court access rules, information identifying the residential address, school, or medical condition of a minor child may be withheld from public access.
- Sealed financial records: Tax returns, detailed financial statements, and account numbers are routinely redacted. A party may petition the court to seal entire financial exhibits upon a showing of good cause.
- Mediation records: Communications made during court-ordered mediation are confidential pursuant to Indiana's mediation confidentiality statutes and do not become part of the public record.
- Court-ordered sealing: Any party may file a motion to seal all or part of a case file. The court applies a balancing test weighing the public interest in open proceedings against the privacy interests at stake. Sealing orders are not granted as a matter of course.
- High-profile or sensitive cases: Courts retain discretion to restrict access in cases where public disclosure would cause substantial harm disproportionate to the public interest in access.
Requests to seal records or restrict access are governed by the Indiana Rules on Access to Court Records, which establish the procedural requirements and standards applicable to such motions.
How Long Does Montgomery County Keep Divorce Records?
Montgomery County divorce records are maintained as permanent court records under Indiana's judicial records retention schedule. The dissolution of marriage case file, including the final decree, is retained indefinitely and does not expire or become unavailable due to the passage of time.
- Final judgments and decrees: Retained permanently. Certified copies remain available regardless of how many years have passed since the divorce was finalized.
- Complete case files: Retained permanently for dissolution of marriage cases. Indiana's judicial records retention policies classify family law judgments as permanent records.
- Paper records predating electronic filing: Older case files may be stored in physical archives at the courthouse or an off-site facility. Retrieval of archived paper records may require additional processing time.
- Electronic records: Cases filed after the implementation of electronic filing are maintained in the statewide court management system and are accessible through the MyCase Indiana Courts Case Search portal.
- Post-judgment modification orders: Retained as part of the original case file and subject to the same permanent retention schedule.
- Statistical records at the state level: The Indiana Department of Health maintains statistical divorce records for public health reporting purposes. These records are separate from the court file and do not substitute for certified copies issued by the Clerk of Courts.
Members of the public seeking records from cases filed many decades ago should contact the Montgomery County Clerk of Courts directly to confirm the location and availability of the specific file.
Lookup Divorce Records in Montgomery County
- Montgomery County Courts — Indiana Judicial Branch
- Recorder Fees — Montgomery County, Indiana
- MyCase: Indiana Courts Case Search
- Montgomery County Court Forms
- Montgomery County Recorder — Public Records Search
- Indiana Department of Health — Vital Records
- Indiana Vital Records — Marriages
- Where to Write for Vital Records — Indiana (CDC)
- Indiana Judicial Branch — Public Records
- How to Request Public Records — Indiana Judicial Branch