There are two types of divorce records in New York: Divorce Decrees and Divorce Certificates. Know which one you need.
1. Divorce Decree
- What is it: A divorce decree is the court document that finalizes your divorce. It outlines all the details of the divorce, including asset division, child custody, spousal support, and more.
- Who prepares it: The judge in the case prepares and signs it.
- Where it’s filed: It’s filed with the County Clerk in the county where the plaintiff lived during the divorce.
- Availability: If your divorce was granted before January 1, 1963, this is the only type of divorce record.
- How to get it: Contact the County Clerk’s office in the county where the divorce was granted.
2. Divorce Certificate
- What is it: A divorce certificate is a simpler document than a decree. It has basic information: names of both spouses, date of divorce, and place of divorce.
- Who prepares it: Filed with the New York State Department of Health for all divorces granted on or after January 1, 1963.
- When you might need it: A divorce certificate is usually sufficient for non-legal purposes like changing your name or proof of divorce for remarriage.
Who Can Get a Divorce Certificate
Only the following individuals can request a copy of a divorce certificate in New York:
- Either spouse.
- Individuals with a valid New York State Court Order granting them access to the record.
Required ID
To get a divorce certificate, you must provide an ID with your application. Here are the accepted forms of ID:
Option A: One of the following photo ID
- Driver’s license
- State-issued non-driver photo ID card
- Passport
- U.S. Military-issued photo ID
Option B: Two of the following, showing the applicant’s name and address
- Utility or telephone bill
- Letter from a government agency (dated within the last six months)
If you are applying from a foreign country that requires a passport for travel, you must also submit a copy of your U.S. passport.
Reasons for Denial
- Missing or invalid ID: Not submitting ID.
- Incomplete applications from abroad: Not including a copy of your U.S. passport when applying from a foreign country that requires one for travel.
Fees
The cost to get a divorce certificate varies by submission method:
- Online or Phone Orders: $45 per copy + vendor processing fee (vendor processing fee is determined by the vendor; check the vendor’s website for the current rate).
- Mail Orders: $30 per copy.
Processing Time The Department of Health is currently experiencing a backlog, so order accordingly if you need your document by a specific date.
How to Get a Divorce Certificate
1. Online or Phone Orders
- Payment Methods: MasterCard, Visa, Discover, American Express or ACH (Electronic Check).
- Vendor Website: Go to the Department of Health’s vendor website to order online.
- Mail Orders
2. Mail Orders
- Mail to:
- New York State Department of Health
- Vital Records Certification Unit
- P.O. Box 2602
- Albany, NY 12220-2602
3. Payment Methods
- Personal check
- Postal money order
- Certified check (made payable to NYS Department of Health)
Note: For foreign countries, payment must be by check drawn from a U.S. bank or international money order. Do not send cash.
For questions about your application call (855) 322-1022.
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