Search New York Divorce Records
New York divorce records are filed and kept at the Supreme Court in each county where the case took place. The state has 62 counties, and each County Clerk holds the full case file for every divorce granted in that area. You can search for divorce records online through the New York State Courts Electronic Filing system, known as NYSCEF, or look up case details through WebCivil Supreme. The New York State Department of Health also keeps divorce certificates for all cases since 1963. If you need a certified copy of a judgment of divorce or want to check on a filing, you can reach out to the County Clerk where the case was heard or request a certificate from the state.
New York Divorce Records Overview
Where to Find New York Divorce Records
Divorce records in New York are held by the County Clerk in the county where the case was filed. The Supreme Court is the only court in New York State with the power to grant a divorce. That means every divorce case, from start to finish, goes through a Supreme Court. Once the judge signs the Judgment of Divorce, that document gets filed with the County Clerk. The clerk stamps it with a date, and from that point on, the divorce is final. You can reach out to the NYS Unified Court System to find forms and learn which Supreme Court handles your county.
New York also has a state level office that keeps divorce certificates. The New York State Department of Health has records for all divorces and civil annulments granted on or after January 1, 1963. These are not the full court files. They are shorter certificates that confirm the divorce took place. The DOH charges $30 per copy by mail, or $45 plus a processing fee if you order by phone or online. Only the spouses named in the case or someone with a court order can get a copy.
The New York State Archives notes that divorce records since July 1, 1847 are on file with the County Clerk where the case was heard. Records older than 100 years are open to the public. Anything more recent is restricted to the parties or their attorneys under New York Domestic Relations Law Section 235.
Note: For a full divorce decree or judgment, contact the County Clerk in the county where the case was filed. The DOH only issues short form certificates, not full court documents.
How to Search Divorce Records in New York
New York gives you a few ways to look up divorce records. Online tools let you check case details from home. Going to the courthouse works best when you need a certified copy or want to look through the full file.
The NYSCEF system is the state's electronic filing portal for Supreme Court cases. Many counties now use NYSCEF for divorce filings. You can search by index number, party name, or attorney name. The system shows filed documents, case status, and court orders. Not all counties have full records on NYSCEF, but the list keeps growing. It is free to search. You can also use WebCivil Supreme to look up case information by county, party name, or index number. This tool covers Supreme Court civil cases, which includes divorce.
You can search divorce records in New York if you have:
- Full name of at least one spouse
- The county where the case was filed
- Index number if you have it
- Approximate year of the filing
Keep in mind that divorce records in New York are not fully open to the public. Under Domestic Relations Law Section 235, all matrimonial records are sealed for 100 years from the date of the final decree. Only the parties named in the case, their attorneys, or someone with a court order can access the file. The Judgment of Divorce itself can usually be obtained by the parties, but the rest of the case file is restricted.
Types of New York Divorce Records
New York has two main types of divorce documents. The Judgment of Divorce is the court order that ends the marriage. It is prepared by the Supreme Court and filed with the County Clerk. This document lays out all the terms: property division, custody, child support, and spousal maintenance. The second type is the Certificate of Dissolution of Marriage. This is a shorter record kept by the NYS Department of Health for divorces from 1963 onward. It confirms the divorce happened but does not include the full terms.
A divorce case file at the County Clerk's office may hold several documents. The summons and complaint start the case. Financial disclosure forms show each party's income and assets. If the parties agree on terms, a settlement agreement goes into the file. Temporary orders for custody or support may also be part of the record. The final Judgment of Divorce wraps it all up.
The New York State Library also maintains vital records reference information that can help point you to the right agency for historical divorce records. For genealogy purposes, the library can guide you to county level resources and archived court documents.
New York Divorce Laws
New York divorce law is found in the Domestic Relations Law, or DRL. The state added no-fault divorce in 2010. Before that, you had to prove specific grounds like cruelty or abandonment. Now, either spouse can file by stating that the relationship has broken down irretrievably for at least six months. This is under DRL Section 170(7). The fault based grounds still exist but are rarely used these days.
Residency rules are strict in New York. Under DRL Section 230, at least one spouse must have lived in the state for a set period before filing. There are five options. If you married in New York and one spouse still lives here, one year is enough. If the grounds for divorce happened in New York and both spouses are residents, you can file right away. The most common path is a continuous two year residency by either spouse. Military members stationed in New York can also file under certain conditions.
The DRL Selected Statutes lay out the full set of rules for divorce proceedings. New York is an equitable distribution state under DRL Section 236. Marital property gets divided fairly, though not always 50/50. The court looks at factors like the length of the marriage, each spouse's income and future earning potential, and contributions to the household. Property that one spouse owned before the marriage, or received as a gift or inheritance, is usually kept separate.
Child custody follows the best interests of the child standard. New York courts consider many factors including the quality of the home environment, the child's wishes if old enough, and each parent's ability to provide care. Joint custody is possible but not presumed. The court decides based on the specific facts of the case.
Divorce Filing Fees in New York
Filing for divorce in New York starts with buying an index number. The fee is $210. This is the case number that tracks your filing through the court system. On top of that, the Note of Issue fee is $125 when you are ready for the judge to review the case. Motion fees run $45 each if any motions are needed during the case. A certified copy of the Judgment of Divorce costs $8 in most counties. Some counties charge a bit more.
The total cost for an uncontested divorce in New York is usually around $335 at minimum. That breaks down to $210 for the index number, $125 for the Note of Issue, and a small fee for the certified copy. Contested cases cost more because of motion fees and other court costs. The NYS CourtHelp page has a full breakdown of what to expect.
People who can't afford the fees can apply for a fee waiver. You fill out an Affidavit in Support of Application to Proceed as Poor Person and bring it to the court with proof of income. The judge reviews the request and decides if you qualify. Forms for this are available at courthouse help centers or through the NYS courts website.
How to Get Copies of Divorce Records
To get a copy of a divorce record in New York, you contact the County Clerk in the county where the case was filed. You can visit in person or send a written request by mail. Most County Clerks require a self addressed stamped envelope with mail requests. You must be a party to the case, the attorney of record, or have a notarized letter from a party giving you permission. Bring a valid photo ID for in person requests.
Fees for copies vary by county. In most places, a certified copy runs about $5 to $8 for up to four pages, with extra charges for additional pages. Search fees are typically $5 per name for each two year period searched. Exemplified copies, which carry a higher level of certification, can cost $20 to $25. Payment methods also vary. Some counties accept only money orders or certified checks. Personal checks are not accepted at many clerk offices.
For a shorter certificate that confirms a divorce took place, you can go through the NYS Department of Health mail request process. The cost is $30 per copy by mail. Online orders through the DOH run $45 plus a vendor processing fee. Mail orders take about 10 to 12 weeks to process. Either spouse can request this certificate, as can anyone with a New York State Court Order.
Note: The DOH certificate is not the same as a Judgment of Divorce. For the full judgment, go to the County Clerk in the county where the divorce was granted.
Are Divorce Records Public in New York
Divorce records in New York are not fully public. Under Domestic Relations Law Section 235, all records of matrimonial actions are sealed. They stay restricted for 100 years after the date of the final court decree. Only the parties to the case, their attorneys of record, or someone with a court order can view the file or get copies. This is different from many other states where divorce records are open to anyone.
The Judgment of Divorce itself can be obtained by the parties involved. That document is what most people need for things like name changes, proving marital status, or applying for benefits. But the full case file, including financial disclosures, settlement agreements, and other filings, stays restricted. If you need access and you are not a party, you would need to get a court order. The NYS Archives has more details on how historical records are handled and what becomes available after the 100 year seal lifts.
Legal Help for Divorce in New York
Several groups offer help with divorce cases in New York. The NYS Court Help Centers are located in courthouses across the state. Staff at these centers can point you to the right forms and explain court procedures. They can't give legal advice, but they can help you figure out where to start.
Many counties have self help offices at the courthouse. The Office of the Self Represented in places like the Bronx provides uncontested divorce packets at no charge. The NYC 311 service can also help connect residents with divorce record resources and explain how to get copies of documents from the County Clerk. For people outside the city, the NYS courts website has forms and guides for every step of the process.
Browse New York Divorce Records by County
Each of New York's 62 counties has its own Supreme Court and County Clerk that handle divorce cases. Pick a county below to find local contact info and resources for divorce records in that area.
Divorce Records in Major New York Cities
Residents of major cities file for divorce at the Supreme Court in their county. Pick a city below to find out where to go for divorce records in that area.