Find Herkimer County Divorce Records

Herkimer County divorce records are on file at the County Clerk's Office in Herkimer, New York. The Supreme Court is the only court that can grant a divorce in the county, and the clerk stores every Judgment of Divorce after the judge signs it. Herkimer County also offers online records access and a fraud alert service through SearchIQS. Whether you need a certified copy of a divorce decree, want to check on a case, or are starting the filing process, this page has the details for Herkimer County including fees, contact information, and how to search for records.

Herkimer County Clerk Divorce Records

The Herkimer County Clerk's Office is the official location for divorce records in the county. The current County Clerk is Hon. Jennifer DeMetro. You can reach the office at 315-867-1129. Regular hours are Monday through Friday, 8 AM to 4:15 PM. Summer hours run from 8 AM to 3:45 PM.

To get a copy of a Judgment of Divorce, you must be one of the parties in the case, the attorney of record, or hold a signed and notarized letter from a party authorizing you to access the file. Photo ID is required for all requests. The standard certified copy fee is $5.00 for up to four pages, with $1.25 per page after that.

The clerk also charges $5 per 10-year timeframe for criminal and naturalization searches. For divorce record searches, the fee is $5.00 per name per two-year period. Mail requests should include both party names, the year of the divorce, payment, and a self-addressed stamped envelope.

The screenshot below shows the Herkimer County Clerk's webpage.

This page from the Herkimer County Clerk's site provides office details and information on requesting court records.

Online Records Access in Herkimer County

Herkimer County provides online access to certain filed records through a subscription service. In-state subscribers pay $100 per month, while out-of-state users pay $200 per month. The system lets you search recorded and archived documents from the county.

The county also offers a Fraud Alert Service through SearchIQS. This service notifies you if a document is recorded against your name, which can help detect unauthorized filings or identity-related issues. It is not specific to divorce records, but it provides an extra layer of protection for property and legal filings.

Keep in mind that matrimonial case files are sealed under New York law. While some land and court records may be searchable online, divorce case contents are restricted to the parties and their attorneys. The NYSCEF system may show basic case details for electronically filed cases, but the full file stays confidential.

Below is a screenshot of the Herkimer County government website.

The Herkimer County government site links to the clerk's office and other departments that handle records requests.

Divorce Filing Process in Herkimer County

All divorce cases in Herkimer County are filed at the Supreme Court. The county is part of the 5th Judicial District. To begin, you buy an index number for $210 at the court clerk's office. This serves as the case number for the entire proceeding.

You must meet New York's residency requirements before filing. The options include:

• One spouse lived in New York for two straight years before filing
• You married in the state and one spouse has been a resident for one year
• You lived together in New York and one spouse has been a resident for one year
• The grounds happened in New York and both spouses are residents

The NYS CourtHelp page has forms and step-by-step instructions for filing. After you file, serve the other party within 120 days. The server must be 18 or older and not involved in the case. The Note of Issue fee is $125. Total uncontested divorce costs start around $335.

Herkimer County Record Privacy Rules

Divorce records in Herkimer County are sealed for 100 years from the final decree date. This rule comes from Domestic Relations Law Section 235 and applies statewide. The entire case file is covered by the seal, not just the judgment.

Only the named parties, their attorneys, or someone with a court order can view the records during the seal period. If you need someone else to pick up documents on your behalf, provide them with a notarized letter of authorization. The clerk checks ID and verifies authorization before releasing anything.

Note: Genealogical researchers must wait until the 100-year seal expires before accessing divorce records.

State Divorce Certificates for Herkimer County

The New York State Department of Health has divorce certificates on file for all cases since 1963, including Herkimer County. A certificate confirms that the divorce took place. It is not the full court decree. It lists the names, date, and county. The decree with all the terms and conditions stays with the County Clerk.

Mail orders cost $30. Online and phone orders cost $45 plus a vendor processing fee. Only the spouses or someone with a court order can request a copy. Processing by mail normally takes 10 to 15 business days. For records before 1963, the County Clerk is the only source. The New York State Archives can point you toward historical records.

Nearby Counties

Herkimer County is in central New York. If the divorce was filed in a neighboring county, you will need to contact that county's clerk for records.