How to Get a Copy of My Divorce Decree in NY

Record keeping is essential, especially where it concerns legal documentation that comes out of court proceedings. One of the most notable is a divorce decree. There are multiple reasons why a copy of such a document may be needed, and the information below is meant to help those who may need to access same.

Not only is there an explanation of what to expect within the document and how the record system works, but there are also details that can help with any associated request. Divorce & Family Legal can also provide insight on how to file contempt of divorce decree in NY.

What Does a Copy of a Divorce Decree Entail?

When a New York state court order officially terminates the legal status of a marriage license, this final judgment will include any important legal requirements and obligations. There may be clauses that cover several elements, such as child custody, spousal support, and property division. The legal document that reflects this court order is what is known as a divorce decree.

Typically, the document will feature several key pieces of information, which include:

1. Names and identities of the ex-spouses

2. Insight into the court proceedings

3. Property division breakdown

4. Child support and custody requirements

5. Spousal support agreement

6. Details on the grounds for divorce

7. Court order for a name change where applicable

   
   

Understanding Divorce Records in NY

In New York, divorce records are sealed for 100 years and are not available for public inspection. However, such records are made available for individuals who were divorced in the county where the motion was granted. To obtain a copy of the associated divorce decree, a visit to the County Clerk’s office where the divorce was filed is usually required.

It is recommended to search for the County Clerk’s office online or by contacting them directly. The office will typically have a website. For example, the Albany County site may be found here, while the County Clerk page may be found here.

What Does a County Clerk Do?

Think of a County Clerk as the one who has the main record-keeping duty within the county. This includes the preservation of all legal instruments that may have been filed by both private citizens and public officials. The expectation is that these records will always be accurate and current. Some of the typical legal instruments that are maintained are mortgages, leases (oil, gas, and minerals), military discharge papers, and deeds.

Additionally, the County Clerk is a secretary of multiple boards, which is to be expected based on the record-keeping role. This responsibility will include the preparation and posting of agendas, recording meeting minutes, and filing any required documents.

Alongside these responsibilities, and most important to the matter being covered here today, is the fact that the County Clerk serves as a repository for records. Of course, the extent of accessibility depends on the type of record and who is trying to access it.

Different County Clerks may have different requirements for accessing records associated with a divorce file, so it is always important to check.

This Is Not the Department of Health

It is not possible to obtain a certified copy of all records by going through the County Clerk. Some are simply not maintained there. For example, while divorce decrees may be accessed there, marriage certificates will usually not be. The same goes for birth and death certificates, which will need to be accessed via the New York State Department of Health.

Considering records are stored at both places, it can be very easy to confuse the two, but they are very different entities. For more information, a family attorney in Albany may be able to help.

Locating the County Clerk’s Office

Recall that searching online or making direct contact with the office was recommended. The main objective here is to ascertain the address of the location. This is because many of these offices will require that divorce decree requests be made in person. Naturally, it's a good idea to know where to go and what the opening hours are before taking off.

Also, remember that the county of residence is not what is important. The county must be the one in which the divorce proceeding took place.

Obtaining a Copy of a Divorce Decree

It is important to note that this is not a one-size-fits-all process. Even where multiple counties may require visits to obtain copies of important documents, what they require of the requester may vary. Be that as it may, when visiting, there will usually be a requirement to bring a valid government-issued photo ID, such as a driver’s license or passport.

Additional information may be required, including the divorce case number or the date of the divorce. This process also comes at a cost, which also varies by county. For example, fees associated with the Albany County Clerk may be found here.

Requesting a Copy of Divorce Certificates by Mail

Keep in mind that mail requests are not always supported. However, for some counties, those unable to visit the County Clerk’s office in person can request a copy of the divorce decree by mail.

In such cases, these persons will usually need to send a notarized letter, along with a check or money order for the required fee. Make sure to include all required information, such as the associated name, date of divorce, and divorce case number. The request will usually be processed and mailed within a few weeks.

Record Keeping

After the document has been obtained, be reminded of the significance of keeping it in a safe place, as it may be needed later. For example, if a certain debt was based on the marriage's existence, it may conclusively indicate that such a liability is no longer applicable.

Do You Need a Divorce Lawyer in NY?

Divorces are not easy. Before getting to the decree, there is a mentally taxing and arduous process that must typically be completed. Thankfully, an outstanding attorney at Divorce & Family Legal can support you through the process as well as explaining what does a divorce decree look like in NY.

Not only is there extensive legal knowledge that is being used in your best interest, but there is also the sense of unwavering compassion that the lawyer will demonstrate in your tumultuous time. If you need a passionate and emotionally understanding attorney, schedule a free consultation today!