How To Look Up New York Divorce Records for Free

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Free New York Divorce Record Search

Find out if someone in New York is divorced, free of charge.

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Anyone can search New York divorce records at no cost when they know where to look. There are several record custodians that host divorce related documents and information.

Typically, divorce records may be reviewed by online data divorce-releases or by making a request with the proper state or local government agency. New York matrimonial information law makes recent divorce records unavailable to the public, but information pertaining to divorce cases may still be accessible.

Follow the instructions below to learn how to search for free divorce records in New York.

Are Divorce Records Publicly Available in New York?

Divorce records in New York generally pertain to either certificates or decrees. Certificates can be ordered through the New York State Department of Health. Decrees can be ordered through the county clerk where the divorce took place.

Although these records may be ordered, they can only be ordered by the parties to the divorce or their attorneys. Under New York’s Information as to Details of Matrimonial Actions law, judgments of dissolutions of marriage are not permitted to be copied.¹ However, some counties in New York may allow third parties to obtain certificates of filing that indicate the date a divorce judgment was entered.

Although there is no such thing as public divorce records, records are available for inspection 100 years after the date of the filing. Additionally, a government agency, association, society, or institution may be able to inspect divorce records under New York Family Court Law, for the purpose of providing services for a child.

The United States Census Bureau has compiled free divorce rate statistics for New York Residents.² According to a 2022 survey, approximately 9% of the adult population is divorced.

How To View & Obtain Free New York Divorce Records

A free public divorce records search is only available to one of the parties to the divorce by contacting the Supreme Court in the county where the divorce occurred.³ County Supreme Courts are the only courts in New York that can grant a divorce, annulment, or separation.

Divorce records can be ordered by the parties to the divorce or anyone with a New York State court order. This is typically next of kin seeking the record for inheritance purposes. The New York State Department of Health Vital Records allows eligible persons to submit applications for a certificate.⁴ Certificates from 1963 to the present are available for ordering.

Eligible applicants may submit a request for New York divorce records either online or by mail.

An eligible applicant must submit a copy of a valid photo ID, such as a driver’s license, passport, or U.S. military ID. In the event that a copy of a valid photo ID is not available, an applicant must provide two different distinct copies of either utility or phone bills or letters from a government agency within the last 6 months.

Identification must be submitted along with a Mail In Application for a Divorce Certificate.⁵

The fee is $30 per certificate and must be made by check or money order payable to the New York State Department of Health.

New York State Department of Health
Vital Records Certification Unit
PO Box 2602
Albany, New York 12220

Phone: 855-322-1022

The New York State Vital Records Office authorizes online orders through the third-party site, VitalChek. The estimated cost for this service is $36.00 – $58.95.

Older divorce records are available in a historical index. Learn how researchers can conduct an in-person search of archived divorce records in the sections below.

Requesting Divorce Records in New York Through Local Counties

Requesting divorce records through New York state agencies is the most comprehensive method. However, as mentioned previously, divorce decrees may be obtained through county clerk offices. Some examples of how to obtain these records in some of New York’s most populous counties can be found below:

Kings County: The Kings County Clerk’s office provides services to eligible persons who wish to obtain certified copies of their divorce records.⁶

Individuals who want to obtain a certified copy of a divorce record in person will need to provide an affidavit or notarized letter signed by one of the parties to the divorce that gives the individual authority to obtain the record.

The fee for a certified copy is $8, while Judgement of Divorce is $25. While certified copies are generally provided the same day, Judgements take approximately 2 weeks.

Individuals must visit the clerk’s office with these materials. Fees are payable by a New York State attorney’s cash or check, or a certified check or money order.

Kings County Clerk
360 Adams St, Room 189, Window 5
Brooklyn NY 11201

Individuals may also obtain divorce records by mail. If an individual knows the index number, they must mail their request, along with a payment of $8 and $0.65 per page. Requests must be notarized and include the index number and names of both parties.

The request must be mailed to:

Kings County Clerk
360 Adams St., Rm 189, Window 6
Brooklyn, New York 11201

Email: [email protected]

If an individual does not know the divorce case index number, there is a $10 fee that covers a 2-year search range. There is an additional $5 fee for every additional 2 years searched. Notarized requests that do not include the index number must be mailed to:

Kings County Clerk
360 Adams St., Rm 189, Window 9
Brooklyn, New York 11201

Email: [email protected]

Queens County: Interested parties can find divorce records through the Queens County Clerk’s Office.⁷ Eligible persons may order records in person or by mail. There is a $10 search fee for records and an additional $5 for each additional 2-year search period.

The fee for certified copies is $8 per certification, and the copying fee is $0.65 per copy.

For those interested in obtaining divorce records in person, they must visit:

Queens County Clerk’s Office
Records Search Department
88-11 Sutphin Blvd., Rm 106
Jamaica, New York 11435

Phone: 718-298-0609

Mail-in requests must be accompanied by a certified check, money order, or New York State attorney’s check to the address above.

New York County: The New York County Clerk of Court allows eligible members of the public to order certified copies of judgments of divorce. Eligible requesters must provide a notarized written request that includes the case index number and parties to the divorce, or an approximate year. They must also provide a copy of a valid photo ID, a check or money order of $8 payable to the New York County Clerk, and a stamped envelope with the return address.

Individuals not a party to the divorce and not an attorney to the case may obtain a copy of a divorce record if they can provide a notarized letter from one of the parties granting them authority to access the record. Both requests may be obtained by visiting the court at:

Supreme Court in New York County
60 Centre Street, Room 103B
New York, New York 10007

The processing time is generally 6-8 weeks.

Suffolk County: The Suffolk County Clerk is the records custodian for divorce records resulting from cases filed in the county Supreme Court. Only eligible individuals, including the parties to the divorce, their attorneys, a personal representative, or someone with a court order can obtain divorce records. Third parties may be able to obtain a Certificate of Filing for $9 which only indicates the date a divorce judgment was entered.

Eligible individuals must complete a divorce order form, that identifies the index number, and name of the parties, and has a notarized signature.⁹ There is a $5 fee to search for the index number if it is not known. The request must also be accompanied by a fee payment of $5 plus $1.25 per certified copy page, and $1.30 plus $0.65 per plain copy per page.

The maximum fee is $40. They must also include a copy of a government-issued photo ID, and a self-addressed stamped envelope, and mail it to:

Suffolk County Clerk
Attn: Court Actions
310 Center Dr.
Riverhead, New York 11901

Phone: 631-852-2000 ext. 852

Bronx County: The Bronx County Clerk’s Office provides services to individuals looking to obtain a divorce record. Individuals may search their records online through the New York State Unified Court System if they know the index number.¹⁰ Otherwise, record searches must be in writing and accompanied by a request and a $10 search fee with a self-addressed stamped envelope.

Parties to a divorce, their attorneys, or people with an affidavit or notarized letter by one of the parties may have the authority to obtain divorce records. There is an $8 fee for certified records. There is also a $1.50 plus $0.65 fee to copy divorce records.

All search requests and divorce records requests must be mailed to:

Bronx County Clerk’s Office
Records Search Department
851 Grand Concourse, Rm 118
Bronx, New York 10451

Phone: 718-618-3377

As mentioned previously, divorce records that are 100 years old or older are public. Archived divorce records may be searched by using the resources below.

Accessing Historical & Genealogical Divorce Information via New York State Archives (Free)

The Library of Congress allows members of the public to view historical divorce records of New York and beyond.¹²

The New York State Archives does not offer an online divorce index, but they do allow individuals to visit one of their locations or the New York County Clerk’s Office to search historical divorce records from 1787 – 1847.¹³

New York State Archives
New York Education Department
222 Madison Avenue, Cultural Education Center
Albany, New York 12230

Phone: 518-474-6926
Email: [email protected]

A mensa et thoro filed after 1847 may be found at the County Supreme Court where the divorce occurred.

How To Determine if Someone Had a Dissolution of Marriage

A dissolution of a marriage in New York is a divorce or an annulment.

Researchers looking to determine if someone had a dissolution of marriage may only find this information if one of the parties to the divorce provides a notarized letter authorizing the researcher to obtain the record. Annulment records may be obtained in the same manner as for divorce records, per the New York State Department of Health.

An annulment is a judicial order granted by the court that renders a marriage void. It treats the marriage as if it never happened. According to New York annulment laws NY Dom Rel L § 140 (2022) and NY Dom Rel L § 141 (2022), an annulment is granted on one of several grounds, including:

• Bigamy
• Spouse unable to have sexual intercourse
• Insanity
• Mental Incapacity
• Marriage occurred under duress
• Fraud

Contact a county Supreme Court for more information concerning annulment records.

New York is not a common-law marriage state. The state does not recognize any marriages that are not accompanied by a marriage license, even if a couple were common law married in a state that does recognize the practice.

New York does recognize domestic partnerships. Under New York domestic partnership law, two people may be registered if they are both residents of New York or at least one partner is employed by the city of New York on the date of registration.¹⁴

Additionally, both parties must be at least 18 years of age, not married, and not related by blood or adoption. The couple must execute an affidavit of domestic partnership at the city clerk’s office.

Although there’s no common law divorce in New York, there is a termination of domestic partnership. Parties to a legally registered domestic partnership may terminate the partnership.

A domestic partnership will be terminated if one of the parties files for termination and indicates that the other partner has been notified. A domestic partnership will also be terminated if one of the parties gets married.

How To File for Divorce & Address Served Divorce Papers

When getting divorce papers in order, there are certain steps and requirements that individuals must comply with to legally dissolve a marriage. The first is the residency requirement that is satisfied under one of the following conditions:

• Either spouse must have lived in New York for at least two consecutive years before the divorce started.
• Either spouse lived in New York for at least one year before the divorce started and they either got married in New York, or married elsewhere but lived in New York while married together, or the grounds for the divorce occurred in New York.
• Both spouses were residents of New York on the day the divorce started and the grounds for divorce occurred in New York.

The New York Unified Court System offers free resources and information concerning how to get divorced.¹⁵

There are two types of divorce in New York – no-fault and at-fault divorce. A no fault divorce means that the marriage was irretrievably broken for at least 6 months. To use this ground, parties must agree to all economic issues, including marital property, custody, support, and debt.

Grounds for at fault divorce include:

• Cruel and inhuman treatment
• Abandonment for one year or more
• Imprisonment for 3 years or more
• Adultery
• One year after the legal separation

The fees to file for an uncontested divorce cost $545, which includes the index number and court filing fees. Contested divorces will generally cost much more, as attorneys will likely be involved and several court appearances or a trial may be required.

After filing for divorce, the other spouse must be served in person with the papers. They will then have the opportunity to Answer the divorce complaint.

Alimony, child custody, and child support must be resolved before a judge will sign a Judgement of Divorce. It is not required for parties to enter mediation or arbitration to agree on these terms. A divorce may take several months to more than a year depending on how long it will take the parties to agree to these terms.

Divorce records in New York can be found if you are the party to the divorce or another eligible person, or if you get authorization from one of them to get the records.

Regardless if someone is searching New York divorce records for research, genealogy or pure curiosity, anyone can find records or separation by following the information given throughout this resource.