Are Divorce Records Public in New York?
By Pieter G. Weinrieb, Esq. · Admitted NY 2005 · 42-hour certified family and divorce mediator · Published
The short answer
No. A New York divorce file is not open to the public. Under DRL §235, the pleadings, affidavits, findings, testimony, settlement agreement and the judgment itself may be copied or examined only by the spouses and their lawyers, unless a judge orders otherwise. That rule applies during the case and after it ends, and it lasts for 100 years from filing. Anyone can get a certificate of disposition, which confirms that a divorce happened and nothing more.
What Is Sealed in a New York Divorce
Domestic Relations Law §235 tells the county clerk not to let anyone other than a party, or a party’s lawyer, copy or look at the papers in a matrimonial action without a court order. The list is broad:
- the pleadings
- affidavits, including the sworn financial statements
- findings of fact and conclusions of law
- the judgment of divorce
- a written separation or settlement agreement, or a memorandum of it
- testimony
The restriction applies “either before or after the termination of the suit,” so finishing the divorce does not open the file. It ends only 100 years after the date of filing, when the records become public (DRL §235(5)).
What Anyone Can Get: A Certificate of Disposition
Any person can ask the county clerk for a “certificate of disposition.” It certifies the nature and effect of the judgment (that the marriage was dissolved, and when) without revealing anything about the pleadings, testimony or terms (DRL §235(3)). A clerk issuing a new marriage license must accept that certificate as proof that a prior marriage ended (DRL §235(4)).
The New York State Department of Health keeps a separate record, the Certificate of Dissolution, for divorces granted in New York since 1963. It shows basic information about the spouses and the date and place the marriage ended, and only either spouse, or someone with a New York court order, can obtain it.
Is the Courtroom Open to the Public?
Court sessions in New York are public by default (Judiciary Law §4). In divorce cases, though, the judge may exclude everyone who is not directly interested, other than jurors, witnesses and court officers. DRL §235(2) adds that where the public interest requires it, the court may clear the room of everyone but the parties and their lawyers and order the evidence sealed. In practice most divorces never reach a courtroom hearing at all: an uncontested divorce is decided on the papers.
How to Get a Copy of Your Own Divorce
Copies come from the County Clerk in the county where the divorce was granted. Only the spouses or their lawyers can view the file or obtain a copy, and identification is required. The court system lists the fee for a certified copy of the divorce as $8.00. In Erie County that is the County Clerk at 92 Franklin Street in Buffalo; in Niagara County, the County Clerk in Lockport.
Family Court Records Are Closed Too
Custody, support and family offense cases heard in Family Court have their own rule. Family Court Act §166 says those records “shall not be open to indiscriminate public inspection,” although the judge has discretion to allow inspection in a particular case.
What the Law Does Not Protect
DRL §235 protects the court file. It does not stop a spouse from talking about the divorce, posting about it, or telling a business partner or lender. When privacy matters for business or personal reasons, the stronger tools are a confidentiality clause in the settlement agreement, a protective order covering financial discovery, and resolving the case through mediation, where the negotiation itself never goes into a court file. Our high-net-worth divorce page covers how those tools work together.
Frequently Asked Questions
Can my employer or a reporter look up my divorce in New York?
Not the file itself. Under DRL §235, only the spouses and their lawyers can copy or examine the pleadings, testimony, agreement or judgment without a court order. Anyone can obtain a certificate of disposition, which shows only that the divorce occurred and its effect.
Is my divorce judgment a public record?
No. The judgment of divorce is one of the papers DRL §235 restricts to the parties and their lawyers. The restriction lasts for 100 years after filing.
How do I get a copy of my divorce decree?
Ask the County Clerk in the county where the divorce was granted. Only the spouses or their lawyers can obtain a copy, identification is required, and the court system lists a certified copy fee of $8.00. In Erie County the County Clerk is at 92 Franklin Street in Buffalo.
Can a divorce hearing be closed to the public?
Yes. Court sessions are public by default, but in divorce cases Judiciary Law §4 lets the judge exclude everyone not directly interested, and DRL §235(2) lets the court clear the room and seal the evidence where the public interest requires it.
Related Questions & Resources
- High-net-worth divorce and confidentiality
- Divorce mediation in Buffalo and Williamsville
- Divorce mediation vs. litigation in New York
- Can I use my maiden name again after a New York divorce?
- Western New York courthouse guide
This page is general information about New York law, not legal advice for your situation. Every family is different: if this question is live in your life, talk to a family law attorney before you act.
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