Find Divorce Records in Essex County

Essex County divorce records are stored at the County Clerk's Office in Elizabethtown, New York. Situated in the Adirondack region, Essex County is one of the more rural counties in the state, but the process for getting divorce records follows the same rules as everywhere else in New York. The Supreme Court is the only court with the power to grant a divorce here. After a judge signs the Judgment of Divorce, it goes to the County Clerk for filing. If you need a certified copy or want to look up case information, this page covers the steps, costs, and contact details for Essex County.

Essex County Clerk Divorce Records

The Essex County Clerk's Office is located at 7551 Court Street, Elizabethtown, NY 12932. The phone number is 518-873-3600. The clerk maintains all court records for the county, including divorce judgments and case filings from the Supreme Court.

To request a copy of a Judgment of Divorce, you need to be a party to the case, an attorney of record, or have notarized written permission from one of the parties. Bring a valid photo ID if you visit in person. If you mail your request, include the names of both parties, the approximate year of the divorce, and a self-addressed stamped envelope. The certified copy fee is generally $5.00 for up to four pages and $1.25 for each page after that. The search fee is $5.00 per name per two-year period.

Mail requests should be sent to Essex County Clerk's Office, 7551 Court Street, Elizabethtown, NY 12932. Include payment by money order or certified check. Call ahead to confirm accepted forms of payment.

Filing for Divorce in Essex County

Divorce cases in Essex County are filed at the Supreme Court. The 4th Judicial District covers Essex County along with several other counties in the Adirondack and Capital regions. To start a case, you purchase an index number for $210 and file your papers with the court.

You must meet New York's residency requirements before you can file. The most common way is for one spouse to have lived in the state for at least one continuous year before filing. There are several other options too, all laid out in the Domestic Relations Law. The NYS Unified Court System divorce page has the full list of requirements plus downloadable forms.

After filing, the other spouse must be served within 120 days. The person doing the service has to be 18 or older and not a party to the case. If the divorce is uncontested and the other spouse signs an Affidavit of Defendant, you can move forward right away. Otherwise, you wait 40 days after service before filing the Note of Issue. The Note of Issue fee is $125.

Court staff at the Essex County Supreme Court can answer questions about filing procedures, but they cannot give legal advice. If you need legal help, consider reaching out to a local attorney or a legal aid organization in the area.

Essex County Divorce Record Privacy

All matrimonial records in Essex County are sealed for 100 years from the date of the final court decree. This rule comes from Domestic Relations Law Section 235. The seal covers everything in the file, not just the judgment.

Only the named parties, their attorneys, or someone with a court order can access the records during the seal period. Third parties need a signed, notarized letter of authorization from one of the parties. The clerk will verify identity before releasing any documents.

State Divorce Certificates for Essex County

The New York State Department of Health holds divorce certificates for all New York divorces since 1963, including those in Essex County. A certificate confirms the divorce happened. It is not the full decree. The decree stays with the County Clerk.

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

For older records, the New York State Archives can point you in the right direction. Divorce records dating back to July 1, 1847 are filed with the county clerk where the case was heard.

Online Case Lookup for Essex County

You can search for case information through the NYSCEF electronic filing system. If a divorce case was e-filed in Essex County, some basic details may appear in search results. Full matrimonial file contents are not available to the public due to the 100-year seal.

The screenshot below shows a state-level court resource page that covers how to locate divorce records in New York.

The New York State Archives page explains where to get a copy of a divorce decree, which applies to all counties including Essex.

Nearby Counties

Essex County is bordered by several counties in the northern part of the state. If the divorce was granted in a neighboring county, you would need to contact that county's clerk for records.