How to Check the Status of Your Divorce or Obtain a Copy of Your Divorce Judgment in New York State

By Brian Figeroux, Esq. 

Divorce is a complex legal process that involves multiple steps, including filing paperwork, court approvals, and final judgments. Once a divorce is finalized, many people need to check the status of their divorce or obtain an official copy of their divorce judgment for legal, financial, or personal reasons.

This article provides a comprehensive analysis of how to:

• Check the status of your divorce in New York State (NYS).
• Obtain a certified copy of your divorce judgment.
• Understand the importance of divorce records and where they are stored.

1. Understanding Divorce Records in New York State

What is a Divorce Judgment?

A divorce judgment (also known as a Divorce Decree) is the final court order that legally ends a marriage. It includes:

• The official date of divorce.
• Terms of property division, child custody, spousal support, and child support.
• Any specific conditions both spouses must follow.

Without a signed divorce judgment, a divorce is not legally finalized.

Where Are Divorce Records Stored?

In New York, divorce records are maintained by:

1. The County Clerk’s Office in the county where the divorce was filed.
2. The New York State Department of Health (for divorces after January 1, 1963).

Divorce records are confidential and not public—only certain individuals can access them.

2. How to Check the Status of Your Divorce in New York

If you are unsure whether your divorce has been finalized, you can check its status through several methods:

Method 1: Contact the County Clerk’s Office

Since divorce cases are filed in the Supreme Court of the county where the divorce was initiated, the first step is to contact the County Clerk’s Office.

Steps to Check Divorce Status Through the County Clerk

1. Determine the county where the divorce was filed (usually where either spouse lived at the time of filing).
2. Call or visit the County Clerk’s Office and ask if your divorce case has been finalized.
3. Provide the following information: 
   • Your full name and your spouse’s full name.
   • The date of filing (if known).
   • The index number of the divorce case (if available).

Tip: If your case is still pending, the Clerk may provide updates on required steps or outstanding documents.

Method 2: Use the New York State eCourts System

New York provides an online case tracking system for checking court cases.

Steps to Check Divorce Status Online

1. Go to the New York State Unified Court System website.
2. Navigate to the eCourts Case Lookup System.
3. Select “Supreme Court” since divorce cases are handled there.
4. Enter your case index number or party names.

Note: Some cases may not be fully accessible online due to privacy laws.

Method 3: Contact Your Divorce Attorney

If you had a divorce lawyer, they can:

• Check the case status for you.
• Provide copies of legal documents.
• Explain if any outstanding issues are delaying finalization.

Method 4: Request a Status Update from the Court

If online searches and clerk inquiries do not provide clarity, you may request a written status update from the court.

How to Request a Court Status Update

• Write a letter to the County Supreme Court where the divorce was filed.
• Include: 
  • Your full name and spouse’s name.
  • Case index number (if known).
  • A request for a status update.
• Some courts may require a small fee for processing inquiries.

3. How to Obtain a Certified Copy of Your Divorce Judgment in New York

A certified copy of your Divorce Judgment is often required for:

• Name changes.
• Remarriage (to prove legal single status).
• Applying for benefits (Social Security, insurance).
• Enforcing child custody or support orders.

Where to Obtain a Divorce Judgment

• County Clerk’s Office (where the divorce was filed).
• New York State Department of Health (for divorces after 1963).

Who Can Request a Copy?

Divorce records in NY are confidential. Only the following people can access them:

• Either spouse listed on the divorce judgment.
• Attorneys representing either spouse.
• A person with a court order granting access.

Method 1: Request a Copy from the County Clerk

Steps to Obtain a Divorce Judgment from the County Clerk

1. Locate the County Supreme Court where the divorce was finalized.
2. Visit or mail a request to the County Clerk’s Office.
3. Provide: 
   • Full names of both spouses.
   • Date of divorce (or approximate year).
   • Case index number (if available).
4. Pay the required fee (usually around $10-$30 per certified copy).

Tip: Some counties may allow phone or online requests, but most require in-person or mail requests.

Method 2: Request a Copy from the New York State Department of Health

For divorces after January 1, 1963, a Divorce Certificate (not a full judgment) can be obtained from the New York State Department of Health.

How to Request a Divorce Certificate from the NYS Health Department

1. Visit the New York State Department of Health website.
2. Download and fill out the Divorce Certificate Request Form.
3. Provide: 
   • Full names of both spouses.
   • Date and location of the divorce.
   • A valid government-issued ID.
4. Pay the fee ($30 for standard processing, additional for expedited service).
5. Send the request by mail or order online through VitalChek.

4. Common Issues and Solutions

Issue: I Lost My Divorce Judgment and Don’t Know Where It Was Filed

Solution:

• Check old emails or documents from your lawyer.
• Contact the county clerk in counties where you lived during your marriage.
• Use the NYS eCourts system to search by name.

Issue: My Divorce Case Was Sealed and I Can’t Access It

Solution:

• Only spouses or attorneys can request a copy.
• If sealed, you may need a court order to access records.

Issue: My Spouse Claimed the Divorce Was Final, But I Can’t Find the Record

Solution:

• Check with the County Clerk’s Office where the divorce was filed.
• Request a written verification from the court.

Conclusion

Checking the status of your divorce and obtaining a copy of your Divorce Judgment in New York State requires working with the County Clerk’s Office, the Supreme Court, or the New York State Department of Health.

• If you need to verify whether your divorce is finalized, contact the County Clerk or use the eCourts system.
• If you need a certified copy of your Divorce Judgment, submit a request to the County Clerk where the divorce was finalized.
• If you only need a Divorce Certificate, the New York State Department of Health can provide one for divorces after 1963.

Understanding the process ensures that you can access your legal documents whenever necessary for personal, legal, or financial reasons.

 

  Divorce Judgment