Issues about confidentiality often arise during and after a divorce proceeding. A common issue is whether divorce records are public in New York state. The answer is typically no, not in the way most people might assume.
Understanding who can access divorce records and what information they contain is essential. Individuals may need this information for background checks, family history research, divorce consulting, or simply to protect their personal privacy. New York law places clear limits on access, and knowing these rules can save time, stress, and potential legal issues.
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Who Can Access Divorce Records?
Access to divorce records in New York is strictly limited.
Under New York law, only specific individuals can obtain divorce records, including:
- the parties named in the record;
- attorneys currently representing the parties; or
- individuals with a valid court order.
This ensures that sensitive personal information, such as financial disclosures and custody arrangements, remain protected. Unauthorized access is strictly prohibited and could carry legal consequences.
Access Restrictions and Legal Compliance
New York’s Domestic Relations Law, particularly Section 235, governs the confidentiality of matrimonial records. The statute is specifically designed to protect sensitive information that is contained in the divorce filing. This includes financial disclosures and custody related information.
Violating these access rules can result in legal penalties. These restrictions preserve the integrity of divorce records and prevent unauthorized use of private information. Compliance with Section 235 ensures that confidential details remain secure and protected.
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Requesting Divorce Records
Online: You cannot obtain your Judgment of Divorce online, but you can obtain the Certificate of Dissolution of Marriage through the New York State Department of Health. Applications generally require identification and proof that the requester is entitled to the record. This document contains basic information about the spouses, and the date and place the marriage ended. It is filed with the New York State Department of Health for divorces granted on or after January 1, 1963.
In person: The Judgment of Divorce must be requested at the courthouse in the County Clerk’s office where the divorce was filed. Requesters must bring government-issued identification and documentation proving eligibility, such as evidence that they are a party to the case, an attorney, or have a court order.
Tully Rinckey attorneys understand that the issues involved in divorce can be challenging, and they will handle your matter with the attention and tact it deserves. Every divorce is unique. If you have additional questions about your divorce, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.
Jillian R. Falt, Esq., an Associate in the firm’s White Plains office, handles a diverse array of family and matrimonial law matters. Her family law practice includes pre- and post-nuptial agreements, separation agreements, equitable distribution, spousal support, child support, post-judgment modifications and enforcement, family offense matters, and child custody and access. She represents clients in all aspects of settlement, litigation and the negotiation and drafting of agreements.
