What is a Divorce Certificate in New York?
According to the New York State Department of Health, a divorce certificate is a document that provides an official account of a divorce proceeding. The details contained in all New York divorce records, including certificates, are the divorced spouse's personal information (such as their full name) and the date/place the divorce was finalized.
The New York State Department of Health (NYS DOH) holds divorce certificates and makes these certificates available to eligible requesters. Any spouse listed on the certificate or a person with a state-issued court order authorizing them to get the certificate qualifies as eligible requesters. Requesters should note that the NYS DOH only maintains vital statistics and vital records of events that occurred or after January 1, 1963. For divorce records or divorce documents pertaining to a prior dissolution, inquirers may use the state's published archives.
Are Divorce Certificates Public in New York?
No. In New York, divorce certificates are kept private to the general public under Article 6 (Sections 84-90) of the NYS Public Officers Law. These sections, "Sections 84-90," are also known as the State's Freedom of Information Law (FOIL), which grants the general public the right to access certain records maintained by government agencies. However, some records, such as divorce certificates, are exempt from the FOIL. To the general public, access to these types of records is restricted, and only eligible persons can access these restricted records. In the case of divorce certificates, only spouses named on the certificate or an individual with a court order can obtain a divorce certificate. This is also the case for a marriage certificate, birth certificate, death certificate and any vital record bearing personal information or that possesess great legal significance.
Where to Get a Divorce Certificate in New York
New York divorce certificates recorded from January 1, 1963, to the present are maintained by the New York State Department of Health (NYS DOH). As such, eligible persons can get a divorce certificate in New York by querying the NYS DOH. Eligible record seekers can also get a divorce certificate through third-party websites that offer New York State divorce certificate ordering services. The requestor may need to query the court where the divorce decree was issued to obtain a certified copy. However, records prior to January 1, 1963 may be accessible through the state archives office.
How to Get a Divorce Certificate in New York
Eligible requesters can get a divorce certificate in New York by querying the New York State Department of Health (NYS DOH). As mentioned earlier, a requester qualifies as an eligible requester if they are named in the certificate as a spouse or if they have a state-issued court order for the certificate.
Eligible requesters should note that they would need to provide a form of identification. Any of the following documents or licenses can suffice as an acceptable means of identification:
- A driver's license
- A state-issued photo-ID
- Passport
- A U.S. military-issued photo-ID
Alternatively, a utility or telephone bill and a letter from a government agency dated within the last six months can serve as acceptable forms of identification. Note that the bill and the letter must show the applicant's name and address. A requester residing in a foreign country must also submit a copy of their U.S. passport alongside the letter and bill. Provided they are requesting from a county that requires a passport to travel.
Eligible requesters can order a divorce certificate through the NYS DOH by submitting a request via mail. Requester should note that the NYS DOH charges $30 for mail orders. This fee can be paid by Certified Check, Postal Money Order, or Personal Checks payable to the NYS Department of Health. For requests sent from foreign countries, fee payment can be made by a United States bank check or international money order. Sending cash is generally not an acceptable form of payment.
A divorce certificate request sent to the NYS DOH should contain a completed request form, copies of the required forms of identification, and fee payment. The request should be sent to the NYS DOH at:
New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602.
For further inquiries and queries, interested persons can contact the NYS DOH Vital record center at (855) 322-1022. Requesters should note that their request application will only be allowed if it contains the proper I.D. and fee payments.
Alternatively, eligible record seekers can order divorce certificates online or by phone through third-party websites. The charge for online/phone orders is $45. An additional $8 is charged for the third-party vendor processing fee per transaction. These fees can be paid by MasterCard/Visa, Discover, American Express, or ACH (electronic check).
What is a Dissolution of Marriage Certificate in New York?
The term "dissolution of marriage" sometimes refers to a "divorce". Hence, a certificate of dissolution of marriage and a certificate of divorce refers to the same thing; an official document pertaining to the issuance of a divorce. This document can serve as legal proof of a divorce.
How Can I Get a Certificate of Dissolution of Marriage in New York?
The procedure for obtaining a certificate of dissolution of marriage is the same as one for getting a divorce certificate. Both terms ("certificate of dissolution of marriage" and "divorce certificate") are used interchangeably. Hence, certificates of dissolution of marriage can be obtained by querying the New York State Department of Health (NYS DOH). In New York, only eligible requesters are allowed access to these certificates. Generally, divorce certificate requests are made to the NYS DOH by mail.
Alternatively, eligible requesters can also obtain a Certificate of Dissolution of Marriage through third-party websites that provide divorce certificate ordering services. Most third-party websites offer both online and by-phone ordering services. Regardless of the way an eligible requester chooses to request a certificate of dissolution of marriage (through a third-party website or NYS DOH, there are certain requirements. These requirements include copies of specific forms of identification and request fee payment.
What is the Difference Between a New York Divorce Decree and a Divorce Certificate?
A New York divorce decree is a legal document prepared by the state court system. This court document contains the terms and conditions of a divorce, such as who gets custody of the couple's kid(s), the division of property, alimony, and other financial obligations and information. It is considered the court's final judgment or declaration. On the other hand, a divorce certificate is a document that contains certain information about the divorce. For example, basic information about the divorcees, such as their full name, where the divorce was issued, and the date and time of the divorce. Some distinctions between a New York divorce decree and a divorce certificate are as follows:
- The Issuance Office: A divorce decree is court-generated and issued. Most divorce decrees are maintained by the court clerk's office where the divorce proceeding was finalized. In addition to being signed by the case's judge, divorce decrees are also filed with the clerk's office of the county where the case was filed or where the plaintiff resides. Hence, eligible persons can query a county clerk's office to obtain divorce decrees in New York. For instance, qualified persons can obtain a divorce decree issued in Kings County by querying the County Clerk's office. On the other hand, a divorce certificate is generated and maintained by the New York State Department of Health (NYS DOH).
- The Information They Contain: divorce decrees are generally more detailed compared to divorce certificates. A divorce certificate provides the bare minimum information about the divorce, such as the spouses' names, the date, and the place the divorce was finalized. Meanwhile, a divorce decree contains the aforementioned basic details as well as the terms and conditions of the divorce. These include the divorcees' obligations after the divorce, including child support payments, alimony payments, and more.
- Utility: Both divorce certificates and decrees can serve as proof that a divorce has been finalized. However, a divorce decree has additional uses. They can be used as a basis for a civil suit when a party in the divorce does not perform their obligations after the divorce. For instance, when a party refuses or fails to make child support payments.
How Can I Get My Divorce Certificate Online in New York?
The New York State Department of Health (NYS DOH) does not maintain any online tools record seekers can use to get their divorce certificate online. The only way interested persons can obtain a divorce certificate online in New York is through third-party vendors. These vendors generally allow users to place an online order for a New York State-issued divorce certificate. To facilitate a search through most third-party vendor's websites, record seekers must provide the date of divorce and the city/county where the divorce occurred.
Where Can I Get a Copy of My Divorce Papers in New York?
In New York, divorce papers are maintained as court records. Hence, parties to a divorce proceeding can get copies of their divorce papers by querying the County Clerk's Office where their divorce was finalized. These offices are responsible for maintaining civil court records, which includes records of divorces in their respective county. Records such as divorce judgments or other written orders issued in a divorce proceeding can be obtained by querying these offices.
Interested persons can visit the appropriate County Clerk's Office in person to request their divorce papers during regular office hours. Some County Clerk's Offices also maintain online search portals record seekers can use to search for and obtain records remotely. Some examples of these portals include the Allegany County Clerk's records search portal and Albany County Clerk's online record search portal.
