New York Divorce Records

Recent reports from the CDC's National Center for Health Statistics place divorce rates in New York at 2.3 per 1,000 people, slightly lower than the national average of 2.4 per 1,000.

Divorces in New York are primarily based on the grounds of an "irretrievable breakdown" of the marriage for at least six months. This is a no-fault divorce, meaning that neither spouse has to prove that the actions of their partner led to the divorce. Nevertheless, the state also allows for divorces on fault-based grounds, such as adultery, abandonment, and cruel and inhuman treatment. For these types of divorces, the spouse filing must prove wrongdoing (that directly led to the divorce) on the part of their partner.

The average cost of getting a divorce in New York is $13,835, much higher than the national average of $9,970. Note that actual costs are typically dependent on several factors, including court filing, notary, and process server fees, attorney costs, mediation expenses, and the need for expert witnesses, particularly in contested cases involving complex financial or custody disputes.

Are Divorce Records Public in New York?

Divorce records are not public in New York. Per New York Domestic Relations Law Section 235, records of all matrimonial actions in the state, including divorces, are deemed confidential for 100 years. During this period, access to these records is restricted to the individuals named on the record, their spouses, and any person with a valid court order granting them access to the record.

It should be noted divorce records in New York become open to the public once they become older than 100 years.

What Is Included in New York Divorce Records?

New York divorce records cover a wide range of records that detail divorce proceedings in the state. There are two main types of divorce records in New York:

• Certificates of Dissolution of Marriage: These are documents issued by the New York State Department of Health that serve as official confirmation of divorces that occur in the state. These records are commonly referred to as "divorce certificates", and they typically contain basic details about the divorce, including the names of the couple involved as well as the date and location the divorce was granted.
• Judgments of Divorce: These are court orders that officially dissolve a marriage and finalize the divorce. These documents are typically referred to as "divorce decrees" and they usually contain more information (compared to divorce certificates), such as details of custody, visitation, support, and property division. New York divorce decrees are maintained locally by County Clerks.

How Do I Find New York Divorce Records?

New York divorce records are maintained locally by County Clerks and also at the state level by the New York State Department of Health. Eligible parties can usually obtain copies of these records at either the local or state level. Certified copies of divorce records are often required for legal purposes, such as:

• Official proof of a divorce
• Facilitating name changes and updating marital status
• Applying for government benefits or financial claims
• Modifying existing divorce-related court orders

Look Up New York Divorce Certificate

The New York State Department of Health (DOH) maintains a central repository of statewide divorce records from January 1, 1963, to date. It should be noted that, per New York law, access to certified copies of divorce certificates is generally limited to specific parties, namely the individuals named on the record, their current spouses, and anyone with a valid New York State court order.

Eligible parties may obtain copies of a New York divorce certificate by mailing an Application for Copy of Divorce Certificate Form, along with necessary supporting documentation (usually a copy of a valid ID) and fees, to the DOH at:

There is a non-refundable $30 fee per copy requested, and payment should be in the form of a check or money order made payable to the New York State Department of Health. Inquiries on accessing divorce certificates may also be directed to the DOH's Vital Records Call Center at (855) 322-1022.

Look Up New York Divorce Decree

New York divorce decrees are typically maintained by the County Clerk in the county where the spouse who filed for divorce resides (or used to reside). You may obtain certified copies of these documents by contacting the appropriate County Clerk and making a record request directly to them. The specific process varies by county but generally includes submitting a written request (either in person, via mail, or online), providing a valid ID, and paying the stipulated fees. These fees also vary by location but typically range from $1.25 - $8.50 per copy.

It is important to note that New York divorce records less than 100 years old are not accessible to the general public.

Look Up New York Divorce Court Records

In addition to the divorce decree, eligible parties may access other documents contained in a divorce court case file from County Clerks. These divorce court records typically include documents filed about the divorce proceeding, such as the divorce petition, motions, settlements, and court transcripts. Note that fees may apply to obtain copies of these records.

Can You Seal Divorce Records in New York?

Under New York law, divorce records are considered confidential and automatically sealed for 100 years (from the date the record was created). During this time, access to the records is restricted to the divorcing couple, their current spouses (if any), and any person who has a valid state-issued court order.

How Long Does a Divorce Take in New York?

New York does not have a mandatory waiting period before divorces may be granted after a divorce petition has been filed. Nevertheless, divorce proceedings may take anywhere between six weeks and a year, depending on whether the divorce is contested and the complexity of the issues being disputed.

Does New York Require Separation Before Divorce?

While separation is not required before a divorce in New York, couples who are already legally separated must have lived apart for at least one year before they may use their separation as grounds for divorce.

How Are Assets Split in a New York Divorce?

New York follows the principle of equitable distribution in divorces, as outlined in Section 236 of the state's Domestic Relations Law. Under this law, marital property (assets and liabilities acquired by either spouse during the marriage, regardless of whose name is on said property), is divided between both parties fairly, but not necessarily equally. This distribution method aims to ensure that each spouse receives an amount that is considered "just and proper". To this end, the law outlines several factors that must be considered when deciding the total amount to award to each spouse, which include:

• The duration of the marriage
• The total value of the marital property
• Each spouse's income and property (in their names) at the time of the marriage and when the divorce is filed
• Whether the parent awarded custody will need to reside in or own the marital residence, and use or own items contained in the home
• Any award maintenance/support
• Any loss of inheritance and pension rights or health insurance benefits due to the divorce
• The tax implications for both spouses
• Any wasteful use of the marital property by either spouse

Who Gets Custody of a Child in Divorce in New York?

Child custody decisions in New York are primarily guided by the principle of the "best interests of the child". Historically, there has been no explicit bias toward granting custody to either parent, with courts typically aiming to ensure fairness and prioritizing the health and safety of the child when determining who gets custody. Notwithstanding this, recent surveys indicate that fathers are only likely to get 30.4% custody time after divorcing their spouse, less than the national average (which stands at 35%).

New York recognizes two main types of custody: legal custodyandphysical custody:

• Legal custody refers to who has the right to make important decisions about the child's care and general welfare, including matters like medical care and religious upbringing. There are two types of legal custody -
• Joint Legal Custody: Here both parents make important decisions about the child together, regardless of which parent the child lives with.
• Sole Legal Custody: Here, only one parent has the right to make important decisions about the child.
• Physical custody (also known as residential custody) refers to who is responsible for physically taking care of and supervising the child. There are also two types of physical custody in New York:
• Joint Legal Custody: Here, the child spends a relatively equal amount of time with each parent.
• Sole Legal Custody: Here, the child spends more than 50% of the time with one parent, who is referred to as the custodial party.

In situations where there is no court order, both parents are usually granted equal physical and legal custody rights (this typically happens in uncontested divorces where both parents reach a mutual agreement). However, if one parent files for custody, the court will consider certain factors before making its decision, such as:

• Each parent's mental and physical health
• Each parent's ability to meet the child's special needs, if any
• Which parent has been the child's primary nurturer/caregiver
• Each parent's work schedule and childcare plans
• Any history of domestic violence
• The child's relationships with siblings and extended family members
• Each parent's ability to cooperate with the other and foster a healthy relationship between the child and the other parent
• The child's wishes (this depends on the child's age)