Montgomery County Divorce Records Search

Montgomery County divorce records are stored at the County Clerk's office in Fonda. All divorce proceedings in the county go through the Supreme Court, and the resulting judgments end up with the clerk for filing and safekeeping. If you need a certified copy of a divorce decree or want to look up case information, the clerk's office at 58 Broadway is the place to go. Montgomery County is part of the 4th Judicial District, and the staff there can help you understand what is needed to request divorce records, what fees apply, and how the process works for both in-person and mail requests.

Montgomery County Clerk Office Details

The Montgomery County Clerk's Office is at 58 Broadway, Fonda, NY 12068. The office handles divorce records, court filings, land records, and vital records. Walk-in visitors should bring a photo ID if requesting divorce-related documents.

Divorce records in Montgomery County are sealed. They are available only to the parties listed in the case or their attorney on record. This is not a local rule. It comes from state law, specifically Section 235 of the Domestic Relations Law, which seals all matrimonial files for 100 years. The clerk's staff will ask for identification before releasing any divorce documents.

Below is a screenshot of the Montgomery County Clerk's page that covers birth, death, and divorce records.

This page shows the types of records available and the access rules for each category.

Montgomery County Divorce Records Fees

The fee structure for divorce records in Montgomery County is straightforward. Plain copies cost $1.00 per page, with a maximum charge of $40.00. Certified copies run $4.00 plus $1.00 per page, also capped at $40.00. These rates are specific to Montgomery County and may differ slightly from other counties in the state.

For mail requests, there is an additional $5.00 search fee on top of the copying costs. You need to include payment and a self-addressed stamped envelope with your written request. Specify the full names of both parties and the approximate date of the divorce. If you have the index number, include that too. The clerk can only process your request if you are a party to the case, an attorney of record, or have proper authorization.

Note: The maximum fee of $40.00 applies per document, not per request, so multiple documents may each reach that cap.

Filing for Divorce in Montgomery County

Divorce cases in Montgomery County are filed in the Supreme Court. The index number fee is $210. The Note of Issue costs $125. Motion fees are $45 each. These are state-set fees and apply everywhere in New York.

You must meet a residency requirement. There are five ways to qualify. The most common are that you married in New York and one spouse has been a resident for at least one year, or that either spouse has lived in the state for two continuous years before filing. The NYS Courts divorce page explains all five options in detail.

New York allows no-fault divorce. You state that the marriage has broken down irretrievably for six months or more. Fault-based grounds exist too, but most filers use the no-fault option. After filing, you have 120 days to serve your spouse. A person over 18 who is not a party to the case must handle the service. For an uncontested divorce, the process can go fairly quickly once all papers are filed and the judge reviews them.

Online Resources for Montgomery County Divorce Records

The NYSCEF electronic filing system lets you search for cases filed electronically in Montgomery County. You can look up cases by party name, index number, or attorney. Matrimonial case documents remain restricted, but basic case information may be visible.

WebCivil Supreme is another statewide search tool. It covers civil cases in all 62 counties, including Montgomery. You can search by name or index number. Divorce case listings may appear, but the file details stay sealed under state law. For historical records, the New York State Archives provides guidance on finding divorce decrees from 1847 forward.

State Divorce Certificates

The New York State Department of Health has certificates for all divorces since 1963. Montgomery County divorces are included. The certificate is a short summary confirming the divorce. It is not the full court file.

Mail orders are $30 per copy. Online or phone orders are $45 plus a processing fee. Only the spouses named on the record or someone with a court order can request one. Processing by mail takes 10 to 15 business days. Provide both names, the date of the divorce, and the county where it was granted.

Steps to Request Montgomery County Divorce Records

Here is a quick rundown of what to do:

• Gather the full names of both parties and the approximate date of the divorce
• Bring a valid photo ID to the clerk's office or include a notarized letter with mail requests
• Pay the applicable fees: $4.00 plus $1.00 per page for certified copies, or $1.00 per page for plain copies
• For mail requests, add the $5.00 search fee and include a self-addressed stamped envelope
• Wait for processing, which is typically a few business days for in-person requests

If you do not have the index number, the clerk can search their records for a fee. Having the approximate date narrows the search and keeps costs down. For divorce certificates (as opposed to the full decree), contact the state DOH instead.

Legal Help in Montgomery County

The NYS Court Help Centers offer free procedural guidance and forms. Court staff in Montgomery County can explain the filing steps but cannot give you legal advice. The CourtHelp website has a full section on divorce that covers everything from filing to the final judgment.

Legal aid organizations in the 4th Judicial District may assist qualifying residents with divorce cases. The local bar association can also refer you to an attorney. If you cannot afford the filing fees, ask the court about the Poor Person Application, which may waive certain costs.

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