New York Dissolution Of Marriage Records
New York dissolution of marriage records are court documents filed with the Supreme Court in the county where the case started. You can search for these records through the state's WebCivil Supreme system, which covers all 62 counties. Each County Clerk keeps the full case file for every dissolution of marriage filed in that county. The file holds the petition, response, financial disclosures, and the final judgment. For a certified copy of a dissolution of marriage decree, you need to contact the County Clerk in the right county. They can pull records by name or index number. The New York State Department of Health also keeps divorce certificates for all dissolutions granted since 1963.
New York Dissolution Of Marriage Overview
Where to Find New York Dissolution Of Marriage Records
The Supreme Court is the only court in New York that can grant a dissolution of marriage. Each of the 62 counties has its own Supreme Court, and the County Clerk in that county keeps all the case files. That file holds every paper filed in the case, from the first petition to the final judgment of dissolution. The County Clerk is also the person you contact when you need a copy of any document from the case. Some counties keep records going back to the 1800s. Records from before July 1, 1847, may be held at the New York State Archives for upstate counties or the New York County Clerk's Office at 31 Chambers Street for downstate counties.
New York also has a state-level resource. The New York State Department of Health keeps a Certificate of Dissolution of Marriage for every divorce or civil annulment granted in the state since 1963. This is not the same as the full court decree. The certificate has basic facts: names of both spouses, the date and place the marriage ended. If you need the actual decree with the terms of property division, custody, and support, you must go to the County Clerk where the case was filed.
There are two types of divorce records in New York. The divorce decree is the full court document prepared by the judge. It spells out all the terms and conditions. The divorce certificate is a shorter document filed with the Department of Health. For dissolutions granted before January 1, 1963, the decree from the County Clerk is the only record that exists.
Note: Dissolution of marriage files in New York are sealed for 100 years under Domestic Relations Law Section 235. Only the parties, their attorneys, or someone with a court order can access the full file during that time.
The New York State Department of Health provides information on how to get a dissolution of marriage certificate online or by mail. You can visit their divorce certificate page to start the process.
The Department of Health handles certificates for dissolutions from 1963 to the present. Mail orders cost $30 per copy, while online orders are $45 plus a processing fee.
How to Search Dissolution Of Marriage Records in New York
The WebCivil Supreme system is the main way to search for dissolution of marriage cases online in New York. It covers all 62 counties and goes back to 1983. You can search by party name, county, and year. The results show the case index number, party names, case type, filing date, and status. Full documents are not available through WebCivil because of the confidentiality rules under Section 235 of the Domestic Relations Law. But the basic case info can help you find the right index number before you contact the County Clerk for copies.
To search on WebCivil, you need the full name of at least one spouse. Pick the county from the list. Set the case type and year if you know them. Click "All" for case status, not just open cases. Then click the index number in the results to see limited details about the case.
The screenshot below shows the WebCivil Supreme search page where you can look up dissolution of marriage cases across all New York counties.
WebCivil is free. No account is needed.
You can also search in person. Go to the County Clerk's office in the county where the case was filed. Bring a valid photo ID. The clerk can look up cases by name or index number. Some counties have public access terminals in their offices for free searches. Others, like Erie County, offer their own online record search portals. Queens County lets you search case indexes from 1992 to the present through a separate online tool.
Getting Copies of New York Dissolution Of Marriage Records
There are two paths to get copies. For the full divorce decree, contact the County Clerk. For a basic dissolution of marriage certificate, go through the Department of Health.
At the County Clerk's office, you can request copies in person or by mail. You must be a party to the case, an attorney of record, or have a notarized letter from one of the parties granting you access. Bring a valid government-issued photo ID. You will need the names of both parties and either the index number or the approximate year the case started. Fees vary by county. Most charge $0.65 per page for plain copies and $8.00 per certification. Some counties like Orange County require a minimum five-day wait for certified copies of dissolution files.
The Department of Health offers dissolution of marriage certificates by mail for $30 per copy. Online and phone orders cost $45 plus a vendor processing fee. You need to send a completed application with a copy of your photo ID. Only the spouses named in the record or someone with a New York State Court Order can get these certificates. Mail requests go to: Vital Records Certification Unit, P.O. Box 2602, Albany, NY 12220-2602. Regular processing takes 10 to 12 weeks.
The New York State Archives provides guidance on where to find older dissolution of marriage decrees across the state.
Note: Non-parties can request a Certificate of Disposition from the County Clerk. This document confirms a judgment was entered without revealing the details of the case, as required under Section 235(3) of the Domestic Relations Law.
New York Dissolution Of Marriage Laws
New York's dissolution of marriage laws are found in the Domestic Relations Law. The state adopted a no-fault ground in 2010. Under DRL Section 170(7), either spouse can state that the relationship has broken down irretrievably for at least six months. Before 2010, New York was the last state in the country that required fault-based grounds. Now you can file without proving anyone did something wrong.
Residency matters. At least one spouse must meet one of several residency requirements before filing. If the marriage took place in New York and either spouse still lives here, one year of residency is needed. If the grounds for dissolution arose in the state, one year works too. If both spouses are New York residents at the time of filing, the requirement drops to just one year of continuous residency by either party. In some cases, two years of residency by one spouse is required.
New York is an equitable distribution state. The court divides marital property in a way it considers fair, which does not always mean equal. The judge looks at factors like the length of the marriage, each spouse's income and future earning potential, and contributions to marital property. Property owned before the marriage or received as a gift or inheritance is generally separate and not subject to division.
Child custody follows the best interests of the child standard. The court considers the quality of each parent's relationship with the child, the stability of each home, and the child's own wishes if old enough to express them. New York courts can award sole or joint custody. The Unified Court System website has forms for both uncontested and contested dissolution of marriage cases, including packets with children and without.
Dissolution Of Marriage Filing Fees in New York
Filing for dissolution of marriage in New York starts with an index number fee of $210. This is the cost to open a case in Supreme Court. On top of that, you pay a $95 fee for the Request for Judicial Intervention (RJI) when the case needs a judge assigned to it. A Note of Issue costs $30. These fees apply in every county.
Getting copies of existing records has its own costs. Most County Clerks charge $0.65 per page for plain copies with a $1.30 minimum. Certified copies run about $5.00 to $8.00 per certification depending on the county. Search fees are typically $5.00 for every two-year period searched. If you need an exemplified copy, expect to pay $25.00 plus the certification fee. Oneida County, for example, charges $5.00 for a Certificate of Divorce and $5.00 for a certified copy of the judgment up to four pages.
Fee waivers exist for people who cannot afford to pay. You can ask the court to waive fees by filing a fee waiver application. The judge reviews your income and decides if you qualify. Forms are available at the courthouse or through the NYS Courts website.
Are Dissolution Of Marriage Records Public in New York
Not exactly. New York treats dissolution of marriage records differently from most other court records. Under Section 235 of the Domestic Relations Law, all papers filed in a matrimonial action are confidential. The clerk of the court cannot let anyone other than a party or their attorney see the pleadings, affidavits, findings of fact, or judgment of dissolution without a court order.
This rule applies to the full case file. It means a member of the public cannot walk into a County Clerk's office and ask to see someone else's dissolution of marriage papers. You need to be one of the spouses, the attorney of record, or you need written and notarized permission from one of the parties. Some counties like New York County require the authorization letter to include the bearer's name, the parties' names, and the index number.
There is one exception. Anyone can request a Certificate of Disposition from the County Clerk. This is a one-page document that confirms a dissolution of marriage was entered. It shows the nature and effect of the judgment but not the details of the pleadings or testimony. Municipal clerks who issue marriage licenses must accept this certificate as proof of a prior dissolution.
After 100 years from the filing date, dissolution of marriage records become fully public. The confidentiality restrictions in Section 235 expire, and anyone can inspect the records without restriction.
The New York State Unified Court System provides information about County Clerk record rooms and how to access dissolution of marriage files at the courthouse level.
Records are stored at the County Clerk's office in each county. Older files may be on microfilm or in off-site storage, which can add a day or two to retrieval times.
Dissolution Of Marriage Forms in New York
The New York State Unified Court System offers free dissolution of marriage forms on their website. Forms come in packets for different situations: uncontested with children, uncontested without children, contested cases, and the DIY uncontested program. Some forms are available in both English and Spanish. You can also pick up packets at any County Clerk's office or court resource center.
Each dissolution of marriage case in New York requires a Certificate of Dissolution of Marriage form (DOH-2168) to be filed with the Department of Health. This form includes Social Security numbers for both parties, which are required by New York State Public Health Law Section 4139. The completed form gets sent to the Vital Records office after the judge signs the final judgment.
If you need to correct or amend a dissolution of marriage certificate after it has been filed, the Department of Health handles corrections for events that occurred outside New York City. For events in the five boroughs, contact the NYC Department of Health and Mental Hygiene. Corrections become part of the certificate's history rather than creating a new document.
The full text of Domestic Relations Law Section 235, which governs confidentiality of dissolution of marriage records, is available through legal reference sites.
This statute sets the rules for who can access dissolution of marriage files and when those files become public after 100 years.
Some counties provide detailed online information about their dissolution of marriage records process. Erie County's Clerk website explains their search fees, certified copy process, and what identification is needed.
Erie County charges $5.00 per name for each two-year search period for digitized records after 1988, and $10.00 for manual records before that date.
Browse New York Dissolution Of Marriage Records by County
Each of New York's 62 counties has a County Clerk who maintains dissolution of marriage records for that area. Pick a county below to find the clerk's contact info, local fees, and resources for getting copies of dissolution records.
Dissolution Of Marriage Records in Major New York Cities
Residents of major cities file for dissolution of marriage at the Supreme Court in their county. The city itself does not handle divorce records. Pick a city below to find out which County Clerk handles dissolution records for that area.