New York Divorce Decree Records
New York divorce decree records are filed with the County Clerk in the county where the case was heard. The state has 62 counties, and each one keeps its own divorce decree files going back to 1847. You can search for a divorce decree online through the WebCivil Supreme system or visit the County Clerk's office in person. For divorces granted before 1963, the divorce decree is the only record that exists. If you need a certified copy of a judgment of divorce, the County Clerk in the right county can help you get one. The process takes a few days in most cases, and fees vary by county.
New York Divorce Decree Overview
Where to Find a New York Divorce Decree
The County Clerk is the main place to get a divorce decree in New York. Each of the 62 counties has a County Clerk who serves as the clerk of the Supreme Court. Since the Supreme Court is the only court in New York that handles divorce cases, all divorce decrees end up filed with the County Clerk. The decree is usually filed in the county where the plaintiff lived at the time of the case. If you know which county handled the divorce, you can go straight to that County Clerk's office. If you are not sure, the New York State Department of Health can help you figure out where to look.
New York keeps two types of divorce records. The divorce decree, also called the judgment of divorce, is the full court document. It has the terms of the divorce, what the judge ordered, and all the details of the case. The County Clerk holds this record. The second type is the divorce certificate, which the NYS Department of Health keeps for divorces granted on or after January 1, 1963. The certificate is a short form that just lists the names of the spouses and when and where the marriage ended. It does not have the full terms like the decree does.
The New York State Archives provides helpful details on how the state's divorce decree system works. For cases dating before July 1, 1847, records for upstate counties are at the State Archives, while downstate records are at the New York County Clerk's Office at 31 Chambers Street in Manhattan.
Here is a look at the NYS Department of Health page for divorce certificates, which explains the difference between a divorce decree and a divorce certificate.
That page covers the mail-in process for getting a divorce certificate. The fee is $30 by mail or $45 by phone or online.
Note: For a divorce decree with full case details, contact the County Clerk where the divorce was granted, not the Department of Health.
How to Search Divorce Decree Records in New York
WebCivil Supreme is the state's free online tool for looking up civil cases in the Supreme Court, including divorce cases. You can search by party name, index number, or attorney name. The system covers all 62 counties. It shows basic case info like party names, case status, and filing dates. Keep in mind that the full divorce decree file is not available online because of privacy laws. But the search can tell you if a case exists and give you the index number you need to request records from the County Clerk.
The New York State Courts Electronic Filing System is another way to find divorce decree documents. NYSCEF lets attorneys file and serve papers in certain courts. Some divorce decree case documents may be viewable through NYSCEF, though matrimonial files have extra privacy rules. You need an account to use the system. Filing fees can be paid online with a credit card through NYSCEF.
Below is the NYSCEF home page where you can search for electronically filed divorce decree cases in New York.
Not all counties use NYSCEF for divorce cases. Check with your County Clerk to find out if your case was filed electronically.
You can also go in person to the County Clerk's office. Bring a valid photo ID. You will need the names of the parties and the approximate year the divorce decree was filed, or the index number if you have it. The clerk can search the files and pull the case. Copy fees run about $0.25 to $1.25 per page, depending on the county. A certified copy of the divorce decree typically costs between $5 and $8 for the first four pages, plus $1.25 for each page after that.
Who Can Get a New York Divorce Decree
Divorce decree records in New York are not open to the public. Section 235 of the Domestic Relations Law makes matrimonial files confidential. Only certain people can see the full divorce decree file. The parties to the divorce can get copies. So can their attorneys of record. Anyone else needs a court order or a notarized letter of authorization from one of the parties.
Under Section 255 of the Judiciary Law, the County Clerk must search records and provide copies when asked by an eligible person and paid the right fees. But for divorce cases, the clerk checks your ID first. The law is strict on this. If you are not a party to the case, you will be turned away unless you have proper authorization.
Here is the NYS Domestic Relations Law Section 235 page, which spells out the rules on who can access a divorce decree in New York.
This statute is the key law that governs access to all divorce decree records in the state.
There is one exception. Subdivision 3 of Section 235 says that any person can ask the County Clerk for a "certification of disposition." This is a short document that confirms what happened in the case without giving away the details of the pleadings or testimony. It costs $5 for every two years searched. So even if you cannot see the full divorce decree, you can at least confirm that a divorce took place.
After 100 years from the date of the final decree, the records open up. Anyone can then view the full divorce decree file. This matters mostly for genealogy work. The New York State Library has information on accessing older vital records for family history research.
Divorce Decree Fees in New York
Fees for getting a copy of a divorce decree vary by county. Most County Clerks charge a base fee for the first four pages of a certified copy, then a per-page rate after that. The base is usually $5 to $8. Each extra page costs about $1.25. Plain copies run $0.25 to $0.65 per page. If you do not have the index number, there is a search fee of $5 for every two-year period the clerk has to look through.
If you need a divorce certificate instead of the full divorce decree, the NYS Department of Health Vital Records division handles those. The mail order fee is $30 per copy. Online or phone orders cost $45 plus a vendor processing fee. You can pay by personal check, postal money order, or certified check. Only the spouses or someone with a court order can request a divorce certificate. The Vital Records Call Center number is (855) 322-1022.
The Committee on Open Government has clarified that court records, including divorce decrees, are not subject to FOIL requests. Access to divorce decree records goes through the County Clerk under Section 255 of the Judiciary Law, not through the Freedom of Information Law.
New York Divorce Decree Court System
Only the Supreme Court can grant a divorce in New York. This is different from most states where a lower court handles family cases. In New York, the Supreme Court is actually a trial-level court with broad power. Every county has a Supreme Court, and every divorce decree comes from that court. Family Court does not handle divorce at all. It deals with custody and support matters that come up after a divorce is already done.
The NYS Unified Court System offers free divorce forms and instruction booklets. The court system strongly suggests using a lawyer, even for an uncontested case. The New York State Bar Association has a lawyer referral line at 1-800-342-3661. For people who cannot afford a lawyer, Ask a Law Librarian is a free service run by the court system that can help answer questions about divorce decree records and the filing process.
The screenshot below shows the NYS Unified Court System divorce forms page where you can find free forms for starting a divorce case in New York.
Forms on that page include the Equitable Distribution Worksheet, Financial Statement, and Net Worth Statement. All forms are free.
New York City residents have a slightly different setup. Each of the five boroughs is its own county with its own County Clerk. Manhattan is New York County. Brooklyn is Kings County. The Bronx, Queens, and Staten Island (Richmond County) each have their own clerks too. The NYC 311 portal has contact info for all five borough County Clerks. Divorce records in NYC are not open to public inspection, and you need to be a party or an attorney of record to get copies.
Note: Family Court does not grant divorces in New York. All divorce decree records are filed through the Supreme Court and kept by the County Clerk.
Historical Divorce Decree Records in New York
New York has divorce decree records going back to 1847. That is when the Supreme Court took over divorce cases from the old Court of Chancery. Since then, every divorce decree has been filed with the County Clerk in the county where the case was heard. For cases before 1847, the records are split. Upstate county divorce records from before that date are at the New York State Archives in Albany. Downstate records are at the New York County Clerk's Office at 31 Chambers Street, New York, NY 10007. You can reach that office at (212) 374-4376.
The NYS Vital Statistics page has data on divorces across the state. The Department of Health tracks divorce certificate records from 1963 to the present. For older cases, the divorce decree filed with the County Clerk is the only record. That means for any divorce granted between 1847 and 1962, the County Clerk's office is the sole source for the divorce decree. The NYSCEF FAQ page can help you understand how the electronic filing system works for more recent cases.
Here is the NYS Archives page that explains where to get a copy of a divorce decree, including historical records dating back before 1847.
The Archives is a useful starting point when you are not sure which county handled a very old divorce case.
Browse New York Divorce Decree Records by County
Each of New York's 62 counties has a County Clerk who maintains divorce decree records for that county. Pick a county below to find contact info, fees, and resources for getting a divorce decree in that area.
Divorce Decree Records in Major New York Cities
New York cities do not maintain divorce decree records. Those records are held at the county level by the County Clerk. Pick a city below to find out which county handles divorce decree records for that area.