Obtaining divorce records in NY state...?

Question

It says that in order to receive divorce records (which are sealed for 100 yrs) you have to have "proof of entitlement". But it doesn't say what exactly that entitlement would be. Being related isn't enough, so what reason would they release the records? (both parties have been dead over 30yrs)

Answer 1

Divorces are actually civil law suits and NY is one of the few states that seals them for "the life of the parties plus 50 years". When the law was written, divorce was rare and the causes were grave. So to protect the parties from "public disgrace", the state keeps them sealed until such at time that not only the husband and wife, but also their children, can't be disgraced by the reasons for the divorce. Think about a woman who at 45 finds her parents' divorce decree and finds out her father claimed he wasn't the father and that his wife was having an affair. Suddenly there's a horrible rift in the family and the woman suffers the emotional distress of doubting her own father. Then imagine the man was wrong and he really was the father. Now he has immense guilt. This way, it's all secret and no one has guilt, doubts or shame.

BTW, divorces are not "clumped in with marriages". The records aren't even kept by the same offices. They're civil lawsuits and in the sole custody of the court that heard them. They're not public records.

Answer 2

It appears to depend on when the marriage or divorce took place.

Who is eligible to obtain a divorce certificate copy?

The husband

The wife

Other persons with a New York State Court Order

on the 2nd site I've indicated in the source box below:

Marriage Records Older than 50 Years

A Marriage Record older than 50 years from today's date is considered a historic record and is available to the general public.

You may request a Marriage Record that is older than 50 years either by mail as described above or by visiting our Record Room Division in our Manhattan office with the appropriate fee.

Marriage Records Less than 50 Years Old

If you wish to request a Marriage Record created within 50 years from today's date, you must meet one of the following criteria:

- You are either the bride or groom, or

- You have written, notarized authorization from either the bride or groom, or

- You wish to purchase a Marriage Record for another person to be mailed directly to that other person's address based on your sworn statement (the record will not be given to you), or

- You are an attorney and you require the record as evidence in a legal proceeding, or

- The bride and groom are deceased and you can present their original death certificates, or

- You have a judicial or other proper purpose.

(The 2nd-to-the-last bullet point appears to support what I expected, if you can product death certificates for both parties then the record could be released.  Divorce records are normally lumped in with marriage records.)

Answer 3

I'm assuming you are looking for the "complaint" as it seems the record of divorce is public information, from what I just looked at.