How to Access Public Divorce Records in New York

Overview of New York Divorce Records

Divorce records in New York are generally public, meaning that anyone can access them if they know where and how to look. These records are a vital part of the judicial transparency but come with privacy concerns for the individuals involved. The increase in digital access has made these records more accessible, but it also raises the risk of identity theft and privacy invasion.

Types of Divorce Records Available

In New York, two primary types of divorce documents can be accessed:

1. Divorce Decree: This is the official court document that concludes the divorce, detailing the terms of the divorce agreed upon by the court. It includes the judge's signature and is filed by the County Clerk where the divorce was granted. To obtain a divorce decree, one must contact the appropriate County Clerk's office.

2. Divorce Certificate: For divorces granted on or before January 1, 1963, divorce certificates are maintained by the New York State Department of Health. These certificates contain basic information about the divorce such as the names of the spouses, and the date and place of the dissolution of marriage. Access to these records is restricted to the divorcees or other authorized individuals with a New York State Court Order.

Obtaining Divorce Records

To request these records, the following fees apply:

• Divorce Decree: The cost is generally around $30.00 per copy. For expedited processing, an additional fee of $15.00 may be charged.
• Divorce Certificate: The fee is $45.00 per copy for requests made via internet or telephone, which require a credit card. Mail orders can be paid through check or money order made out to the New York State Department of Health.

When requesting by mail, include a valid photo ID and proof of address, such as utility or phone bills or a letter from a government office dated within the last six months.

Privacy Concerns and Legal Considerations

The accessibility of divorce records online has been a contentious issue. According to a survey by the American Academy of Matrimonial Lawyers, there is a growing trend among legal professionals to restrict access to these records to protect children and sensitive personal information. Balancing privacy with transparency in the judicial process is a complex issue, especially in cases involving high-profile individuals or vulnerable parties.

Why People Search for Divorce Records

Individuals seek out divorce records for various reasons:

• Legal Necessities: Such as remarriage or immigration applications where proof of divorce is required.
• Genealogical Research: To trace family history.
• Background Checks: Often conducted by individuals entering new relationships.

Conclusion

Accessing divorce records in New York involves understanding the types of records available and navigating the appropriate channels to obtain them. While these records are meant to be public, the rise of digital access necessitates a careful balance between transparency and privacy.

For more detailed information on accessing specific types of records, visit the New York State Department of Health or consult the County Clerk's office based on the location the divorce was filed.