People often worry about the accessibility of the records of their divorce proceedings. The question of whether divorces are public records does not have a one-size-fits-all answer, as the laws regarding the privacy of these records can vary greatly by jurisdiction. Parties involved in a divorce, including the plaintiff in a divorce, need to understand how these laws might affect the confidentiality of their divorce proceedings.
If you’re facing a divorce in New York and are uncertain about how your records will be handled, it’s crucial to consult with a knowledgeable divorce lawyer. At the Law Office of Richard Roman Shum, Esq, our team of Manhattan divorce lawyers may be able to guide you and help ensure that your privacy is protected throughout the process. For personalized advice and to understand your rights, call us today at (646) 259-3416 to schedule a consultation.
What are Divorce Records?
The phrase “divorce record” encompasses various forms of paperwork associated with the dissolution of a marriage. Knowing the specifics of what each type of record contains is crucial for those aiming to maintain their privacy to the greatest extent possible.
Different documents commonly recognized as “divorce records” include:
- Divorce Certificates: Issued by the New York State Department of Health, a divorce certificate serves as official proof that a marriage has been legally dissolved. It contains only basic details, such as the names of the divorced parties, the county where the divorce was granted, and the date it was finalized. Divorce certificates are typically required for purposes such as legal documentation of marital status or remarriage. However, access to these certificates is restricted to either spouse named on the certificate or a requester who presents a New York State court order authorizing release.
- Divorce Decrees: This is the official court order that concludes the divorce proceedings. The content of a divorce decree can vary significantly. In New York, divorce decrees are issued by the New York Supreme Court and include terms related to asset division, spousal support, child custody, and other legally binding agreements. Others are more succinct, listing only the involved parties and referring to separate agreements that dictate the terms of the divorce. Divorce decrees are not public records in New York and can only be accessed by the individuals involved, their attorneys, or others with a court-approved request.
- Divorce Court Records: These records represent the most exhaustive category, comprising the full suite of filings and documents in a divorce case, as well as transcripts and recordings of the court sessions. Divorce court records are a treasure trove of information, potentially revealing financial data, childcare arrangements, grounds for the divorce, and other personal details of the individuals involved.
Are Divorce Hearings Public in New York?
In New York, court sittings are presumptively public, but in divorce cases, the court may, in its discretion, exclude the public and limit attendance. This flows from Judiciary Law § 4. Separately, matrimonial records (filings, testimony, and judgments) are sealed by Domestic Relations Law § 235, and the court may exclude the public from a divorce hearing when the statute’s standard is met.
In New York, divorces are handled only in the Supreme Court; Family Court cannot grant a divorce (though it can handle related issues like custody or support). Attendance is not automatically limited to the parties; judges may exclude the public in divorce matters, but it isn’t the default. In rare situations, a judge might allow someone else in if there’s a compelling reason, but that’s uncommon. The goal is to protect your privacy and encourage open discussion without the fear of exposure.
Court records for divorce cases are also sealed. That means details about your case, such as filings, settlements, or judgments, aren’t accessible to the public. Only you, your lawyer, your ex-spouse, and their lawyer can request access. Even then, you usually have to go through a formal process to review or copy documents.
If you’re going through a divorce in Manhattan, a divorce attorney can help you understand what parts of your case stay private and what remains sealed, including the Judgment of Divorce, and how you, as a party, can obtain certified copies. They can also guide you in handling sensitive information carefully throughout the process.
The Confidentiality of Divorce Records in New York
Unlike some jurisdictions where divorce records may be considered public information, New York treats these documents with a high degree of confidentiality. Under Domestic Relations Law § 235, matrimonial files (including pleadings, affidavits, findings, judgments, and testimony) are sealed from public inspection and accessible only to a party or that party’s attorney, unless a court orders otherwise. By statute, the confidentiality restrictions lapse 100 years after filing.
Courts may also issue certificates of disposition that confirm the outcome without exposing the file’s details. The sealing of these records is in place to preserve the privacy of the individuals involved, especially when sensitive allegations such as abuse, infidelity, or mental health issues are part of the court documents.
Who Has Access to Divorce Records in New York?
In New York, the accessibility of divorce records is highly regulated to respect the privacy of the individuals involved. As such, the ability to acquire these records is limited to a select group. The primary individuals who can request and receive a copy of a divorce record include:
- The parties who were formerly married to each other.
- The legal representatives of the divorced individuals.
- Any individual granted a court order from the State of New York.
Obtaining a court order to access someone else’s divorce records necessitates a valid, legal reason, as the court must be persuaded that a significant interest justifies such access. For instance, divorce details might be sought for cases that hinge on marital history, such as inheritance disputes or related court proceedings.
How New York Protects the Privacy of Divorce Records
New York takes significant steps to safeguard the privacy of divorce records. Unlike many other court proceedings, divorce documents in New York are strictly confidential and are not open to public inspection. Under Domestic Relations Law Section 235, access to divorce records, including settlements, decrees, affidavits, and other case documents, is limited to the parties involved in the divorce and their attorneys. Any other individual or entity seeking access must obtain a court order.
These records remain sealed for 100 years following the divorce. This means that detailed information about the case, such as financial agreements, property division, and custody arrangements, cannot be accessed by the general public during this period. Only individuals who were directly involved in the case or their legal representatives can formally request access through the County Clerk’s office.
While the contents of matrimonial files are sealed, the clerk may issue a certificate of disposition confirming the result (e.g., that a divorce was granted) without revealing file details. In addition, written decisions, such as motion or appellate decisions, may be published and thus publicly accessible even when the underlying file remains sealed.
New York’s strict privacy laws reflect the state’s commitment to protecting sensitive personal information during and after a divorce. Couples who wish to further protect their privacy may also explore alternative processes like mediation or collaborative law to resolve their divorce outside the courtroom.
Circumstances for Unsealing Divorce Records
In certain exceptional situations, a court may decide to unseal divorce records or specific parts thereof. Divorce records are automatically sealed and can only be accessed by the parties involved, their attorneys, and the court. However, a judge may grant a motion to unseal records if there is good cause, which is a compelling legal reason that outweighs privacy concerns.
A common scenario for unsealing occurs when a party requires access to the records for use in an unrelated legal case, such as proving financial fraud or seeking evidence in a malpractice claim. In such cases, the court may allow access to relevant portions of the divorce file while keeping other details private.
It’s important to note that sealing a divorce decree does not remove the case’s existence from public record searches. The case index number, filing date, and parties’ names remain publicly accessible unless a separate motion is filed to redact identifying details.
Additionally, court decisions on motions filed within the divorce case may be published, and if the case is appealed, the appellate court’s ruling is typically available to the public. Seeking judicial approval is necessary to unseal divorce records, so consulting a Manhattan divorce attorney before filing a request may be beneficial.
Manhattan Divorce Lawyer – Law Office of Richard Roman Shum, Esq
Richard Shum
Richard Shum, Esq., is a dedicated Manhattan divorce lawyer who brings compassion and strength to every client relationship. As a lifelong New Yorker from the Lower East Side, he represents the values and diversity of his community in every case. His work reflects a deep commitment to justice and fairness, helping families find practical and lasting resolutions to difficult legal matters. His clients appreciate his calm, focused presence and his ability to cut through chaos with clarity and confidence.
Over the years, Mr. Shum has built a reputation for being a strategic advocate who values both efficiency and empathy. He crafts thoughtful legal solutions that address not only immediate challenges but also long-term stability for his clients and their families. His balanced approach and meticulous preparation have earned the trust of individuals and businesses alike across New York City.
How Do I Get Divorce Records In New York?
Navigating the process of obtaining divorce records in New York can be a straightforward task with the right information at hand. Below is an essential guide that outlines the steps and requirements for accessing both divorce decrees and certificates in the state.
Locating Divorce Judgments or Decrees
To retrieve certified copies of divorce judgments or decrees, you need to contact the County Clerk’s office where the divorce was finalized or the County Clerk in the county where the petitioner for the divorce resides. In many cases, the County Clerk’s office is situated in the same facility as the Supreme Court within the county. If the offices are separate, instructions to locate the County Clerk can be obtained from the Supreme Court clerk.
Certified Copies of Divorce Decrees
To obtain a certified copy of a divorce decree, you may either visit the County Clerk’s office personally or send a mail request. Access to these documents is restricted to the divorced parties, their legal counsel, or individuals with a specific court order. Attorneys must place their requests on the official letterhead of their company.
The New York State Supreme Court directory provides the necessary contact details for the Supreme Courts and county clerks across the counties. There is a fee for certified copies, and the exact amount varies by county. For example, New York County currently lists $0.25 per page plus $8.00 per certification, while other counties publish different schedules. Check the County Clerk’s current fee page for the county where the divorce was granted.
Requesting Divorce Certificates
Divorce certificates are maintained by the Department of Health’s Bureau of Vital Records and can be requested through several methods:
- Online or by phone: You can order through VitalChek, an independent vendor partnered with NYS DOH; VitalChek has a fee of about $45 per copy (plus vendor/processing fees).
- By mail (NYS DOH): The state lists $30 per copy for divorce certificates ordered by mail.
- In-person: Availability and payment methods vary; check the relevant agency’s current instructions. (NYS DOH does not take online credit card orders directly; online/phone credit-card orders run through VitalChek.)
Identification Requirements
Divorce certificates are classified as confidential. As such, only individuals directly involved in the divorce or those who possess a court order are permitted to request these documents. Valid identification must accompany all requests, which could include a driver’s license, state-issued photo ID, military ID, passport, or other official documents that verify the applicant’s name and address.
Availability of Records
The New York State Department of Health stores divorce certificates for divorces granted on or after January 1, 1963. For earlier divorces, the County Clerk’s Office where the divorce was granted is the only source for obtaining records.
Individuals who follow these procedures and meet the necessary requirements can obtain the appropriate divorce records while complying with New York State’s legal access restrictions.
| Section | Where / How to Obtain | Key Details and Fees |
|---|---|---|
| Locating Divorce Judgments or Decrees | County Clerk’s Office in the county where the divorce was granted or petitioner resides | Usually in the same building as the Supreme Court. Contact the County Clerk for specific instructions. |
| Certified Copies of Divorce Decrees | Request from the County Clerk in person or by mail | Available only to divorced parties, their attorneys, or by court order. Typical fees are about $0.25 per page plus $8 for certification. |
| Requesting Divorce Certificates | New York State Department of Health, Bureau of Vital Records | Online or by phone through VitalChek costs about $45 plus vendor fees. By mail to NYS DOH costs $30 per copy. In-person requests vary by location. |
| Identification Requirements | Must accompany all requests | Acceptable IDs include driver’s license, state or military ID, or passport. Only the divorced parties or those with a court order can request copies. |
| Availability of Records | Depends on the date of divorce | NYS DOH maintains certificates for divorces after January 1, 1963. Earlier records are available only from the County Clerk’s Office where the divorce occurred. |
Getting the Legal Assistance of an Experienced Manhattan Divorce Lawyer
New York divorce records are not publicly accessible, reflecting the state’s commitment to the privacy of individuals during these often sensitive times. The confidentiality of these records ensures that the personal details and hardships experienced during the dissolution of a marriage are shielded from public scrutiny, providing a level of dignity and discretion to the involved parties.
If you are navigating through a divorce in Manhattan and have concerns about keeping your divorce records discreet, it’s crucial to have experienced legal guidance. At The Law Office of Richard Roman Shum, Esq, attorney Richard Roman Shum and our team of Manhattan divorce lawyers can offer you tailored advice and support needed to protect your privacy rights effectively. For personalized assistance and to ensure your divorce is handled with the utmost confidentiality, contact us today at (646) 259-3416 to schedule a consultation.
