What Does a Divorce Decree Look Like in NY?

When a couple gets divorced, the process is not complete until a judge signs off on the agreement. In New York State, a divorce decree is a legal document issued by the New York Supreme Court. It officially finalizes a divorce and outlines every part of the divorce settlement, including the division of property, child custody and child support, spousal support, and other agreed-upon terms.

A divorce decree differs from a divorce certificate, though both are legal divorce records.

It is important for anyone going through divorce proceedings to understand all of this. Divorce and Family Legal, LLC can help individuals seeking a divorce from their spouse navigate the often confusing path divorce can take and help when wondering how to get a copy of my divorce decree in NY?

One way Said Ibrahim and the rest of Divorce and Family Legal, LLC can help is by ensuring clients understand what a divorce decree looks like and what it means to have one.

What Is a Divorce Decree?

As mentioned above, a divorce decree is a legal document that a judge signs. It is the final decree and official proof that a marriage is legally over. The decree includes all of the terms of the divorce settlement.

A divorce decree is different from a divorce certificate, which is simply a document used for record-keeping. Only the parties involved in the divorce or an authorized individual can obtain a copy of the divorce decree.

What is Included in a New York Divorce Decree?

The final decree includes several sections, which the judge determines to be fair before signing the document. Depending on the situation, a divorce decree may consist of the following:

Basic Information About the Case

This might include information about the spouses' names, a case number, the day the divorce was granted, and the attorneys' information for both parties.

Division of Property & Assets

The divorce decree will also include information about how marital property and debts are distributed.

Child Custody & Child Support

If minor children are involved in the divorce, the decree will also include information about parenting arrangements, visitation schedules, financial obligations, and child support.

Spousal Support (Alimony)

The details of payments and amounts will also be included in the divorce decree for divorces granted, including alimony.

Legal Name Changes

If one spouse wishes to revert to a previous name after the marriage ended, this may also be part of the divorce decree.

Other Included Court Orders

Finally, the divorce decree will also include any other court orders, agreements, or restraining orders.

How to Obtain a Divorce Decree in NY

In New York State, divorce records are not public. A person can only get a copy of a divorce decree if they are one of the spouses named in the divorce or an attorney representing one of those parties. Additionally, divorce records can be obtained by a person with a court order that authorizes access to the record.

To request a copy, the party must contact the court clerk in the county where the divorce was granted.

A copy of a divorce decree is often needed for legal or financial purposes. Also, a new marriage license cannot be obtained without the divorce decree showing a previous marriage is legally over.

Divorce decrees are kept by the county clerk in the county where the divorce was finalized. Typically, the person requesting the decree must visit the county clerk's office or request a copy by mail.

Alternatively, if the party does not require the entire divorce decree but simply a divorce certificate, they can contact the New York State Department of Health. This is only possible if the divorce was finalized after January 1, 1963. Also, it's essential to remember that the divorce certificate only contains certain information, such as the names of those involved, the date of the divorce, and the location. It does not include all of the details of the divorce settlement.

Fees & Processing Time for a New York Divorce Decree

The cost and the processing time to obtain a copy of a divorce decree in New York will vary depending on the type of request and the county where the divorce was finalized. Here is some more information:

Fees Associated with a Copy of a Divorce Decree

The County Clerk where the divorce was granted sets the fee a person pays for a divorce decree.

As of 2025, these fees range from $5 to $30. Also, remember that some counties may charge an additional fee if the person requesting the copy needs more than one. In this case, the cost ranges from $5 to $10 a copy.

For those who want to request a divorce decree but don't have all the necessary information, there may be an additional search fee of $5 to $15 per search.

Remember that those who only require a divorce certificate, not a divorce decree, can order online via VitalChek, which is available through the New York State Department of Health. The fee ranges from $30 to $60.

Processing Time for a New York Divorce Decree

The time it takes to get a copy of a divorce decree varies depending on the request method.

In-Person Request

An in-person request is generally the fastest option, as most counties offer same-day processing. Typically, a copy of a divorce decree is available very quickly.

Mail Request

If the request is made by mail, it usually takes between 2 and 6 weeks, depending on the county's backlog.

Online Request (Divorce Certificate Only)

Divorce certificates ordered online via VitalChek usually take 5-10 business days, including shipping. An expedited copy is available for an additional fee.

FAQs About New York Divorce Decrees

What If I Lose My Divorce Decree?

If a person loses their divorce decree, a certified copy can be obtained from the county clerk's office in the county where the divorce was finalized. In most cases, proper identification, the names of both spouses and the date the divorce was finalized are required. A fee is also required.

For those who only require proof of divorce, a divorce certificate can be requested from the New York State Department of Health/VitalChek.

Can a Divorce Decree Be Modified?

It is possible to modify a divorce decree, but only under certain circumstances. If there is a significant change in financial status, child custody, or spousal support requirements, either party can modify the order through a petition. Both parties can agree to this, or the requesting party must prove the necessity of the change.

Any modification of divorce decrees must be approved by the court, and the process varies depending on the type of change requested. It is recommended that you consult with a divorce attorney to navigate the process of modifying a divorce decree.

What Happens If One Party Doesn't Follow the Decree?

If one person doesn't follow the terms of the divorce decree, the other can take legal action. This may include filing a motion for contempt of court, which might result in wage garnishments, fines, asset seizures, or even jail time. If seeking legal action, a family lawyer in Albany may be able to help.

Enforcement officers can step in if there are issues related to child support and/or custody. The best action is to document violations and contact a divorce lawyer for legal assistance. This way, the decree can be enforced through the New York Supreme Court.

A Divorce Judgment and a Divorce Decree - What is the Difference?

Many people don't understand the difference between divorce judgments and divorce decrees. A divorce judgment is the final decision made by the court. It states that the marriage is over, and it outlines the terms of the divorce agreement.

A divorce decree is an official document that explains the judgment. It is very detailed and explains the terms of the divorce, including the division of property, child custody, child support, spousal support, and other agreed-upon terms.

In other words, a judgment is the court's decision, and the decree is the legal record of that court's decision. In New York State, the divorce decree is an enforceable document that both parties must follow.

There is also a divorce certificate, which is simply a document showing that the divorce was granted. it does not include any details about the agreements in a divorce.

Conclusion

A New York divorce decree is an essential legal document finalizing the divorce. It includes many vital details and lays out the agreement both parties must sign. This official record of divorce is used to enforce the divorce terms.

The first course of action for those who have questions about a divorce decree or who require modifications to a divorce decree is to contact a family lawyer. They can advise on what happens after judge signs divorce decree in NY.

Said Ibrahim and the Divorce and Family Legal, LLC legal team can help with divorce decrees and modifications. For those in the Albany area needing legal assistance with their divorce, please call for more information.