People often worry about the accessibility of the records of their divorce proceedings. The question of whether divorces are public records does not have a one-size-fits-all answer, as the laws regarding the privacy of these records can vary greatly by jurisdiction. Parties involved in a divorce, including the plaintiff in a divorce, need to understand how these laws might affect the confidentiality of their divorce proceedings.
If you’re facing a divorce in New York and are uncertain about how your records will be handled, it’s crucial to consult with a knowledgeable divorce lawyer. At The Law Office of Richard Roman Shum, Esq, our team of Manhattan divorce lawyers may be able to guide you and help ensure that your privacy is protected throughout the process. For personalized advice and to understand your rights, call us today at (646) 259-3416 to schedule a consultation.
What are Divorce Records?
The phrase “divorce record” encompasses various forms of paperwork associated with the dissolution of a marriage. Knowing the specifics of what each type of record contains is crucial for those aiming to maintain their privacy to the greatest extent possible.
Different documents commonly recognized as “divorce records” include:
- Divorce Certificates: Issued by the New York State Department of Health, a divorce certificate serves as official proof that a marriage has been legally dissolved. It contains only basic details, such as the names of the divorced parties, the county where the divorce was granted, and the date it was finalized. Divorce certificates are typically required for purposes such as legal documentation of marital status or remarriage. However, access to these certificates is restricted to the individuals named in the record and those with a legally recognized interest.
- Divorce Decrees: This is the official court order that concludes the divorce proceedings. The content of a divorce decree can vary significantly. In New York, divorce decrees are issued by the New York Supreme Court and include terms related to asset division, spousal support, child custody, and other legally binding agreements. Others are more succinct, listing only the involved parties and referring to separate agreements that dictate the terms of the divorce. Divorce decrees are not public records in New York and can only be accessed by the individuals involved, their attorneys, or others with a court-approved request.
- Divorce Court Records: These records represent the most exhaustive category, comprising the full suite of filings and documents in a divorce case, as well as transcripts and recordings of the court sessions. Divorce court records are a treasure trove of information, potentially revealing financial data, childcare arrangements, grounds for the divorce, and other personal details of the individuals involved.
| Divorce Records | Description |
|---|---|
| Divorce Certificate | A formal document issued by the state’s vital records office, summarizing the dissolution of a marriage. Includes names, court location, and official date. |
| Divorce Decree | The official court order concluding the divorce proceedings. Content varies, from detailed arrangements (asset division, custody) to succinct listings. |
| Divorce Court Records | Comprehensive records including all filings, documents, transcripts, and recordings in a divorce case. Reveals financial data, arrangements, and personal details. |
The Confidentiality of Divorce Records in New York
Unlike some jurisdictions where divorce records may be considered public information, New York treats these documents with a high degree of confidentiality. Under New York Domestic Relations Law § 235, divorce case files are automatically sealed and are not available to the public. This means that the personal and often sensitive information contained within the divorce proceedings is protected from public scrutiny. The court may permit redactions of sensitive details such as addresses or financial information, but full divorce records remain sealed unless a court order grants access. The sealing of these records is in place to preserve the privacy of the individuals involved, especially when sensitive allegations such as abuse, infidelity, or mental health issues are part of the court documents.
Who Has Access to Divorce Records in New York?
In New York, the accessibility of divorce records is highly regulated to respect the privacy of the individuals involved. As such, the ability to acquire these records is limited to a select group. The primary individuals who can request and receive a copy of a divorce record include:
- The parties who were formerly married to each other.
- The legal representatives of the divorced individuals.
- Any individual granted a court order from the State of New York.
Obtaining a court order to access someone else’s divorce records necessitates a valid, legal reason, as the court must be persuaded that a significant interest justifies such access. For instance, divorce details might be sought for cases that hinge on marital history, such as inheritance disputes or related court proceedings.
How New York Protects the Privacy of Divorce Records
New York takes significant steps to safeguard the privacy of divorce records. Unlike many other court proceedings, divorce documents in New York are strictly confidential and are not open to public inspection. Under Domestic Relations Law Section 235, access to divorce records, including settlements, decrees, affidavits, and other case documents, is limited to the parties involved in the divorce and their attorneys. Any other individual or entity seeking access must obtain a court order.
These records remain sealed for 100 years following the divorce. This means that detailed information about the case such as financial agreements, property division, and custody arrangements cannot be accessed by the general public during this period. Only individuals who were directly involved in the case or their legal representatives can formally request access through the County Clerk’s office.
While the content of divorce records is protected, some basic information, such as the fact that a couple divorced, can still be searched. Unless explicitly sealed by the court, case names and docket numbers are generally available for public viewing. Additionally, court decisions on motions or appeals may be published, potentially revealing limited details about the case.
New York’s strict privacy laws reflect the state’s commitment to protecting sensitive personal information during and after a divorce. Couples who wish to further protect their privacy may also explore alternative processes like mediation or collaborative law to resolve their divorce outside the courtroom.
Circumstances for Unsealing Divorce Records
In certain exceptional situations, a court may decide to unseal divorce records or specific parts thereof. Divorce records are automatically sealed and can only be accessed by the parties involved, their attorneys, and the court. However, a judge may grant a motion to unseal records if there is good cause which is a compelling legal reason that outweighs privacy concerns.
A common scenario for unsealing occurs when a party requires access to the records for use in an unrelated legal case, such as proving financial fraud or seeking evidence in a malpractice claim. In such cases, the court may allow access to relevant portions of the divorce file while keeping other details private.
It’s important to note that sealing a divorce decree does not remove the case’s existence from public record searches. The case index number, filing date, and parties’ names remain publicly accessible unless a separate motion is filed to redact identifying details.
Additionally, court decisions on motions filed within the divorce case may be published, and if the case is appealed, the appellate court’s ruling is typically available to the public. Seeking judicial approval is necessary to unseal divorce records, so consulting a Manhattan divorce attorney before filing a request may be beneficial.
How Do I Get Divorce Records In New York?
Navigating the process of obtaining divorce records in New York can be a straightforward task with the right information at hand. Below is an essential guide that outlines the steps and requirements for accessing both divorce decrees and certificates in the state.
Locating Divorce Judgments or Decrees
To retrieve certified copies of divorce judgments or decrees, you need to contact the County Clerk’s office where the divorce was finalized or the County Clerk in the county where the petitioner for the divorce resides. In many cases, the County Clerk’s office is situated in the same facility as the Supreme Court within the county. If the offices are separate, instructions to locate the County Clerk can be obtained from the Supreme Court clerk.
Certified Copies of Divorce Decrees
To obtain a certified copy of a divorce decree, you may either visit the County Clerk’s office personally or send a mail request. Access to these documents is restricted to the divorced parties, their legal counsel, or individuals with a specific court order. Attorneys must place their requests on the official letterhead of their company.
The New York State Supreme Court directory provides the necessary contact details for supreme courts and county clerks across the counties. There is a fee for obtaining certified copies, usually starting at $1.30 for copying costs and $8 for certification, but the County Clerk’s office will provide the exact fee structure.
Requesting Divorce Certificates
Divorce certificates are maintained by the Department of Health’s Bureau of Vital Records and can be requested through several methods:
- Online or by phone: Quick and convenient access is often available through third-party websites that operate in partnership with the Department of Health.
- By mail: Applicants must complete the necessary form and include copies of their identification, along with payment via postal money orders, personal checks, or certified checks made payable to the New York State Department of Health. Cash is not accepted for mail requests.
- In-person: When requesting in person, the fee is $45, and you can pay with cash, money orders, or checks. Debit or credit card payments are not accepted.
Identification Requirements
Divorce certificates are classified as confidential. As such, only individuals directly involved in the divorce or those who possess a court order are permitted to request these documents. Valid identification must accompany all requests, which could include a driver’s license, state-issued photo ID, military ID, passport, or other official documents that verify the applicant’s name and address.
Availability of Records
The New York State Department of Health stores divorce certificates for divorces granted on or after January 1, 1963. For earlier divorces, the County Clerk’s Office where the divorce was granted is the only source for obtaining records.
Individuals who follow these procedures and meet the necessary requirements can obtain the appropriate divorce records while complying with New York State’s legal access restrictions.
Getting the Legal Assistance of an Experienced Manhattan Divorce Lawyer
New York divorce records are not publicly accessible, reflecting the state’s commitment to the privacy of individuals during these often sensitive times. The confidentiality of these records ensures that the personal details and hardships experienced during the dissolution of a marriage are shielded from public scrutiny, providing a level of dignity and discretion to the involved parties.
If you are navigating through a divorce in Manhattan and have concerns about keeping your divorce records discreet, it’s crucial to have experienced legal guidance. At The Law Office of Richard Roman Shum, Esq, attorney Richard Roman Shum and our team of Manhattan divorce lawyers can offer you tailored advice and support needed to protect your privacy rights effectively. For personalized assistance and to ensure your divorce is handled with the utmost confidentiality, contact us today at (646) 259-3416 to schedule a consultation.
from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/is-a-divorce-public-record/
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