New York Divorce Records
A divorce is the legal ending of a marriage. Depending on the defendant's response to the plaintiff in a divorce case, it can be contested or uncontested. If the defendant agrees with all parts of the divorce, the divorce is said to be uncontested. However, before anyone may file for divorce in New York State, they must meet the state's residency requirements and have legally acceptable reasons for a divorce.
New York State has strict divorce records laws. Unlike many states in the United States, divorce records are not public and are typically only available to parties in the divorce, their attorneys, and people who have obtained a court order to access them.
The divorce rate in New York State was 2.2 per 1,000 residents in 2021. Since 2010, it has hovered between 2.7 and 2.9, except in 2020 and 2021, when it recorded 1.8 and 2.2 divorces per 1,000 residents, respectively.
What are Divorce Records?
A New York divorce record refers to a document or set of documents containing information relating to the termination of a marriage in the state. New York has two types of divorce records: divorce decrees and divorce certificates. The divorce decree is a document detailing the terms and conditions of the divorce. In New York, if a divorce was granted prior to January 1, 1963, the divorce decree is the only type of divorce document available. A divorce certificate contains basic information about the spouses, the location, and the date when the marriage was terminated. A New York divorce certificate is filed with the state Department of Health for divorces finalized on or after January 1, 1963.
A New York divorce record may be needed for various legal transactions, such as when one of the parties wants to change their name, obtain a passport, get a travel visa, or prove a court's ruling on custody arrangement or spousal support.
Are Divorce Records Public in New York?
New York's divorce laws are some of the most stringent in the United States. New York divorce records are not public due to the sensitive information they contain, such as personal finances, child welfare, custody details, and histories of domestic abuse. Courts in the state are allowed to redact sensitive information, including children's addresses and other personally identifying details, before releasing records to requestors.
While divorce records are confidential, some aspects of divorce actions are publicly accessible. The case caption, which includes the names of the plaintiff and defendant, the county of the action, the name of the judge, and the case index number, can be found on the court's online platforms.
Divorce decrees are sealed and can only be accessed by the spouses who obtained the divorce, their attorneys, and people who have obtained a court order to access them. In New York State, divorce decrees are sealed for 100 years. Similarly, divorce certificates are available to either spouse in the divorce and people with a New York State court order.
Divorce Stats and Rates in New York
New York's divorce rate has fluctuated over the past decade, generally remaining just under 3 divorces per 1,000 people. It peaked at 2.9 in 2019 before declining in 2020. In 2021, the state recorded 2.2 divorces per 1,000 residents.
Historically, women in New York have been more likely to initiate divorce than men, with about 60% of divorce filings by women before the introduction of no-fault divorce. This number rose to 70% afterward.
Since the 2010 introduction of no-fault divorce, the primary reason cited for divorce in New York has been an "irretrievable breakdown" of marriage. Among ethnic groups, Native Hawaiians have the highest divorce rates in New York, while Asians have the lowest at 5.3%. Regular church attendance is associated with stronger marriages and lower divorce rates, with a 2016 study finding that frequent churchgoers were 47% less likely to divorce.
Grounds for Divorce in New York
There are seven legally acceptable reasons for divorce in New York. These are:
- Irretrievable breakdown in relationship for at least 6 months: In New York, this is called a no-fault grounds. For this ground to be used, the marriage must be over for a minimum of six months, and all economic issues, division of property and debt, and custody and support of the children must have been settled.
- Cruel and inhuman treatment: For this to apply, acts of cruelty must have occurred in the past five years. Such acts must rise to a level that the plaintiff is mentally or physically in danger and that it has become unsafe for the plaintiff to continue living with the defendant.
- Abandonment: To use this ground, the defendant must have abandoned the plaintiff for at least one year. If the defendant refuses to have sex with the plaintiff, it may qualify as constructive abandonment.
- Imprisonment: For this ground to apply, the other spouse must have been in prison for at least three years in a row or after the marriage began. This ground may be used while the spouse is in prison or up to five years after the spouse has been released from prison.
- Adultery: This ground may be used if the plaintiff can show that the spouse committed adultery while still in the marriage.
- Divorce after a legal separation agreement: For this reason to be accepted in the court, the defendant and the plaintiff must sign and file a separation agreement and live apart for 12 months.
- Divorce after a judgment of separation: Usually called a conversion, this ground is not often used by parties in a divorce. For the ground to apply, the New York Supreme Court will draw up a judgment of separation, and the spouses will live apart for 12 months.
How to File for Divorce in New York
Legally married individuals who meet New York State's residency requirements and have acceptable grounds for divorce can bring an action for divorce in New York State. To start divorce proceedings in New York, follow these steps:
- Filing: The stage begins with filing a "Summons With Notice" or "Summons and Complaint" with the Office of the County Clerk. The court where you file this summons should be the Supreme Court in the county where you and your spouse live at the time of filing. In some jurisdictions, you can file the papers online using the New York State Court Electronic Filing (NYSCEF). Note there is a filing fee of $210 for an index number for the case. If you are unable to afford the $210 fee, you may qualify for a fee waiver of the court fee. You should also file a settlement agreement if you have one. If your marriage has been over for a minimum of six months and you share no children under the age of 21 with your spouse, you may use the DIY Uncontested Divorce Program to make your papers.
- Serving the defendant: After filing your papers, you must personally inform your spouse by delivering the summons and other supporting documents to them. You may ask the Supreme Court Clerk's Office for alternative service if you do not know where your spouse is. You must serve your spouse within 120 days of filing your papers.
- Defendant's response: Upon receiving the papers, your spouse can respond in any of the following three ways:
- File papers: If the defendant files a paper in response, the divorce becomes contested.
- Signs the papers labeled "Affidavit of Defendant": This means your spouse agrees to the divorce and will not argue with anything in the summons. Hence, you can proceed to Calendaring.
- Fails to respond in any way: This means your spouse has defaulted, and actions can proceed to Calendaring.
- Calendaring: Complete the rest of the uncontested divorce papers, including the "Note of Issue" form.
- Judgment: Upon approving the divorce, the judge will sign the judgment of divorce, which must be filed with the county clerk's office. You will also get a copy of the signed judgment.
New York Divorce Decree
A New York State divorce decree is a formal document issued by a New York court that officially terminates a marriage and outlines the specific terms of the divorce. This decree, signed by a judge, finalizes the divorce and provides detailed information on several critical topics of the dissolution. It typically includes provisions for spousal support, detailing the amount and duration of financial assistance one spouse must provide to the other. It also addresses child support and custody arrangements, specifying the custodial rights, visitation schedules, and financial responsibilities for any minor children involved.
How to Find and Access New York Divorce Records
You can obtain a New York divorce record in the form of a divorce decree or divorce certificate. If a divorce was finalized in New York State before January 1, 1963, the only divorce record that may be obtained is the divorce decree. Similarly, divorce certificates for divorces granted on or after January 1, 1963 are filed with the New York State Department of Health. New York state provides access to divorce records via offline and online methods.
Offline Access
To obtain your York State divorce decree, you may contact the County Clerk in the county where the divorce judgment was issued. To obtain a divorce certificate, you may submit a completed DOH-4378 form, a check or money order of $30 made payable to the New York State Department of Health, and valid identification by mail to:
New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602
Acceptable forms of ID include any of the following:
- Driver's license
- Passport
- State-issued, non-driver photo identification card
- United States Military-issued photo identification
Alternatively, you can use any two of the following:
- Letter from a government agency dated within the last six months
- Telephone or other utility bill
Online Access
New York State divorce certificates may be ordered online via the state's authorized third-party vendor service. A $45 fee and a vendor processing fee are charged per transaction (not per copy). Payments can be made via MasterCard, Visa, Discover, American Express, and ACH (Electronic Check). The vendor also allows requesters to place orders over the phone.
References
- https://www.health.ny.gov/vital_records/divorce.htm
- https://nycourts.gov/courthelp/Family/divorceRequirements.shtml
- https://www.nysenate.gov/legislation/laws/DOM/A13
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-99-21.pdf
- https://ww2.nycourts.gov/sites/default/files/document/files/2022-02/UD%20Instructions%20Rev.%203.1.22.pdf
- https://nycourts.gov/courthelp/Family/divorceStarting.shtml
- https://nycourts.gov/courthelp/Family/divorceOverview.shtml
- https://iapps.courts.state.ny.us/nyscef/UnRepresentedHome
- https://nycourts.gov/courthelp/DIY/divorce.shtml
- https://nycourts.gov/courthelp/Family/divorceChildren.shtml
- https://www.health.ny.gov/vital_records/mailrequests.htm
- https://portal.311.nyc.gov/article/?kanumber=KA-01031
- https://ww2.nycourts.gov/divorce/info_faqs.shtml
Counties in New York
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