Are divorce decrees public records in NY?

Written by Yonatan Levoritz on February 27, 2025

One of the most common questions at The Levoritz Law Firm is: Are divorce decrees public record in New York? Being one of the more discreet New York divorce law firms, we take privacy for our clients with sensitive legal issues, such as divorce, very seriously. No, divorce decrees in New York are not public records. The state keeps all divorce records strictly to maintain privacy between the parties. Divorce records, which also include the divorce decree, are sealed and only accessible to the parties or by order of the court.

New York has strict regulations to keep personal information private. This is a necessity for high-profile business owners or those in a highly contested divorce who would not want such publicity. While most states consider divorce records publicly available, New York’s legislation has ensured that access to such records is only available to accredited personnel.

Are Divorces Public Records?

While the fact that a divorce occurred is a matter of public record, the detailed documents and proceedings are not publicly accessible in New York. According to New York State Records, while someone might be able to confirm that a divorce took place, they cannot access the specific details without proper authorization. This level of privacy helps prevent personal information from being exposed, reducing potential legal or financial vulnerabilities.

Who Has Access to Divorce Records in NY?

Access to divorce records in New York is strictly limited. Only the individuals involved in the divorce (the former spouses) and their attorneys have the right to obtain these records. Others may gain access in certain situations, but only through a court order. This ensures that personal and sensitive information remains confidential.

Additionally, government agencies may request access for legal purposes, such as verifying marital status for immigration applications or legal name changes. If a third party seeks access to your divorce records, they must present a valid reason and obtain court approval. Employers, lenders, and landlords may also request proof of divorce in some circumstances. However, these entities typically only require a divorce certificate containing essential information rather than full case details.

Why You May Need Access to Your Divorce Record

There are several reasons why you might need to access your divorce record:

A violation of the divorce terms

If your ex-spouse is not adhering to the agreed-upon terms—such as failing to pay alimony or not following custody arrangements—you’ll need your divorce decree to enforce these terms legally. If disputes arise, having an official record ensures that your legal rights are upheld in court.

Child custody

In disputes over child custody, the divorce decree outlines the agreed-upon arrangements. Having this document is crucial if you need to address or modify custody terms. According to the NY Court, the court relies on these records to determine what is in the child’s best interests.

In case you remarry

Before remarrying, you may need to provide proof of your divorce. The divorce certificate serves as official evidence that your previous marriage has been legally dissolved. Without this document, you may face delays in obtaining a new marriage license.

To change your name

If you decide to return to your maiden name or change your name after divorce, the divorce decree or certificate can serve as legal proof for institutions and government agencies. Banks, the DMV, and social security offices require official documentation to process name changes legally.

Other Legal and Financial Matters

Beyond personal reasons, your divorce records may be necessary for financial transactions, such as adjusting property deeds, updating estate plans, or modifying insurance policies. Ensuring you have copies of these documents can save time and complications.

Additionally, some retirement and pension plans require a copy of the divorce decree to determine the distribution of benefits. This document can be vital in ensuring you receive what you are entitled to after a divorce settlement.

Can you Keep your Divorce Confidential?

Yes, divorce records are automatically sealed in New York, ensuring that the details remain confidential. This means that the specifics of your divorce are not accessible to the public, providing a layer of privacy for both parties involved. If you have privacy concerns, you can discuss additional confidentiality measures with your attorney, such as requesting specific redactions in court records.

Get Help From a New York Divorce Lawyer

The Levoritz Law Firm can guide you through divorce-related legal matters. Whether you need help obtaining records or protecting your privacy, our experienced attorneys are here to assist. Contact us today.