Erie County Divorce Records Search

Erie County divorce records are filed with the County Clerk in Buffalo, New York. As the most populous county in Western New York, Erie County handles a large volume of divorce cases through its Supreme Court each year. The County Clerk stores every Judgment of Divorce along with all related case documents. Whether you need a certified copy of a decree, want to check on a filing, or are starting the divorce process yourself, the Erie County Clerk's Office and the Supreme Court in Buffalo are where most of the work happens. This page explains how to find, request, and understand divorce records in Erie County.

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Erie County Overview

Buffalo County Seat
8th Judicial District
$210 Index Number Fee
100 Years Record Seal Period

Erie County Clerk's Office

The Erie County Clerk's Office is located at Erie County Hall, 92 Franklin Street, Buffalo, NY 14202. The phone number is (716) 858-8785. The current County Clerk is Hon. Mickey Kearns. This office maintains all court records for Erie County, including divorce judgments, liens, and civil filings.

To get a certified copy of a Judgment of Divorce, you need to visit the clerk's office in person or send a written request by mail. You must be one of the parties named in the case, the attorney of record, or have notarized written authorization from a party. Bring a valid photo ID when you visit. The certified copy fee is typically $5.00 for up to four pages, plus $1.25 for each additional page. A search fee of $5.00 per name per two-year period also applies.

The clerk's office is open Monday through Friday during normal business hours. It is closed on weekends and legal holidays.

Erie County Supreme Court and Divorce Filings

The Erie County Supreme Court handles all divorce cases in the county. Court buildings are located at 25 Delaware Avenue and 3 Niagara Square in Buffalo. The Supreme Court phone number is 716-845-9301. The Matrimonial Part is the specific division that processes divorce cases, both contested and uncontested.

One thing to know is that Buffalo City Court at 50 Delaware Avenue does not handle divorces. People sometimes confuse the two. Divorce cases can only be filed in Supreme Court. The city court deals with other civil and criminal matters but has no authority over marriage dissolution.

The 8th Judicial District covers Erie County along with Allegany, Cattaraugus, Chautauqua, Genesee, Niagara, Orleans, and Wyoming Counties. The district offers Alternative Dispute Resolution services, including mediation in matrimonial matters. This can help resolve issues like property division or custody without a full trial.

Below is a screenshot of the Erie County Clerk's website where you can find information on court records and services.

Erie County Clerk website for divorce records in Buffalo NY

The Erie County Clerk's site provides details on how to request court documents, including divorce judgments filed in Buffalo.

How to File for Divorce in Erie County

Filing starts with buying an index number for $210 at the Supreme Court Clerk's Office. You then file your summons and complaint or summons with notice. The Note of Issue costs $125 when you are ready to submit the case for judgment.

New York's residency requirements must be met. The most common paths are:

  • Either spouse has lived in New York for one year and you married in the state
  • Either spouse has lived in New York for one year and you lived here together as a married couple
  • Both spouses are New York residents and the grounds for divorce happened here
  • Either spouse has been a continuous New York resident for two years

After filing, you have 120 days to serve the other party. The server must be at least 18 years old and cannot be a party to the case. For uncontested divorces where the other spouse cooperates, the total minimum fees come to about $335. That includes the index number, Note of Issue, and a certified copy of the judgment. The NYS Courts divorce information page has forms and instructions for the full process.

Erie County Divorce Record Access Rules

Divorce files in Erie County are sealed for 100 years from the date of the final decree. This is a statewide rule set by Domestic Relations Law Section 235. The public cannot view or copy any part of a matrimonial case file during that period.

Access is limited to the parties named in the divorce, their attorneys of record, or someone who has a New York State Court Order. If you need someone else to pick up your copy, you must provide them with a signed and notarized letter of authorization. The clerk will ask for photo ID from whoever comes in.

For genealogical research, divorce records more than 100 years old may be available through the New York State Archives or the County Clerk's historical records section.

State Divorce Certificates for Erie County

The New York State Department of Health has divorce certificates on file for all cases since January 1, 1963. This includes Erie County divorces. A certificate is a shorter summary document, not the full decree. It lists the names of both parties, the date, and the county where the divorce was granted.

Mail orders cost $30. Online or phone orders run $45 plus a vendor fee. Only the spouses or someone with a court order can request a copy. Processing by mail takes about 10 to 15 business days. The DOH Vital Records page has the application form and instructions.

Cities in Erie County

Erie County includes several cities and towns. Residents in these areas file for divorce through the Erie County Supreme Court in Buffalo. The County Clerk at 92 Franklin Street handles all divorce record requests regardless of which city or town you live in.

Nearby Counties

If the divorce took place outside Erie County, you will need to reach out to the clerk in the county where the case was filed. Each county maintains its own records separately.

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