Westchester Public Records /Westchester County Divorce Records

Westchester County Divorce Records

What Are Westchester County Divorce Records?

Westchester County divorce records are official legal documents maintained by the New York State Unified Court System that document the dissolution of marriages within Westchester County. These records are created and maintained pursuant to New York Domestic Relations Law § 236, which governs matrimonial actions including divorce proceedings. Divorce records serve as the authoritative documentation of the legal termination of a marriage.

Divorce records in Westchester County typically consist of:

Divorce decrees (final judgments)
Separation agreements
Property settlement documents
Child custody and support arrangements
Financial disclosure statements
Court orders related to the divorce proceeding

These records are maintained by the Westchester County Clerk's Office and the New York State Department of Health's Vital Records Section. Divorce records serve multiple important purposes, including providing:

Legal proof of marital status change
Documentation required for remarriage
Evidence for name change processes
Verification for Social Security benefits
Documentation for loan applications
Supporting evidence for immigration matters
Historical and genealogical information

The New York State Unified Court System maintains the court files associated with divorce cases, while the vital records component is managed through the state's Department of Health.

Are Westchester County Divorce Records Public?

Westchester County divorce records have a dual status regarding public accessibility. The determination of public access depends on the specific type of divorce record being sought and is governed by New York Public Officers Law § 87, also known as the Freedom of Information Law (FOIL).

Court divorce case files are generally considered public records with important exceptions:

Basic case information (parties' names, case numbers, filing dates) is publicly accessible
Financial affidavits and sensitive personal information may be redacted or sealed
Cases involving domestic violence may have protective orders limiting access
Records containing information about minor children have restricted access
Records sealed by judicial order are not publicly available

Certified divorce certificates and divorce decrees have more restricted access:

Only the divorced parties themselves
Legal representatives with proper authorization
Individuals with a New York State Court order
Persons with a documented legitimate legal interest

The New York State Department of Health's Vital Records Section maintains the official index of all divorces granted in New York State since 1963. While the index itself may be publicly searchable, obtaining certified copies of divorce certificates requires proper identification and established legal interest.

Public access to divorce records in Westchester County balances the public's right to information with individual privacy concerns as established in New York Domestic Relations Law § 235, which specifically addresses the confidentiality of matrimonial proceedings.

How To Find a Divorce Record In Westchester County in 2026

Locating divorce records in Westchester County requires following specific procedures depending on the type of record needed and its date of filing. Members of the public may utilize the following methods:

For divorce records filed with the Westchester County Supreme Court:

Visit or contact the Westchester County Clerk's Office, Records Division:

Westchester County Clerk's Office
110 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 995-3070
Westchester County Clerk
Provide the following information:
- Full names of both parties
- Approximate date of divorce (month and year)
- Case index number (if known)
Complete a records request form available at the clerk's office or downloadable from the county clerk's website
Pay the applicable search and copy fees (currently $5.00 for a record search plus $0.65 per page for copies)

For certified divorce certificates (for divorces granted after January 1, 1963):

Submit a request to the New York State Department of Health:

New York State Department of Health
Vital Records Section
P.O. Box 2602
Albany, NY 12220-2602
(855) 322-1022
NYS Department of Health
Provide a completed application form with:
- Names of both spouses (including maiden name)
- Date of divorce
- Place where divorce was granted
- Proof of identity and eligibility to obtain the record
Include the required fee (currently $30 per certified copy)

For divorce records prior to 1963, researchers must contact the county clerk in the county where the divorce was granted, as these records are not maintained by the state Department of Health.

How To Look Up Divorce Records in Westchester County Online?

Westchester County offers limited online access to divorce record information through several digital platforms. The following online resources are currently available for divorce record searches:

New York State Unified Court System's WebCrims/WebFamily portal:
- Visit the NYS Courts Electronic Filing System
- Select "Supreme Court" and "Westchester County"
- Search by party name or index number
- Note: This system provides basic case information only (parties, filing dates, case status)
- Full documents are not viewable online
Westchester County Clerk's Land Records portal:
- Access the Westchester County Clerk's Records Portal
- Create a free account
- Search by name
- Note: This system primarily contains property records but may reference divorce judgments affecting property
New York State Department of Health Vital Records:
- The Department does not offer online viewing of actual divorce certificates
- Online ordering is available through NYS DOH Vital Records
- Eligibility requirements and identity verification still apply

Important limitations of online divorce record searches:

Complete divorce case files are not available for online viewing
Financial information and sensitive personal data are not accessible online
Certified copies cannot be obtained through online systems
Older records (generally pre-2000) may not be included in digital databases
Online searches may require creation of user accounts and payment of fees

For comprehensive divorce record information, in-person visits to the Westchester County Clerk's Office or written requests to the New York State Department of Health remain the most reliable methods.

How To Find Divorce Records for Free In Westchester County?

Members of the public seeking no-cost access to divorce records in Westchester County have several options, though free access is typically limited to basic information rather than complete records or certified copies:

In-person inspection at the Westchester County Clerk's Office:

Westchester County Clerk's Office
110 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 995-3070
Westchester County Clerk
- Available Monday-Friday, 8:00 AM - 5:00 PM
- No fee for viewing records on-site
- Photo ID required
- Copy fees apply if documents are needed ($0.65 per page)
Westchester County Law Library:

Westchester County Law Library
111 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 995-3760
Westchester County Law Library
- Public access terminals available for legal research
- Staff assistance for locating case information
- Limited to basic case information; full files must be requested from clerk
New York State Unified Court System website:
- Basic case information available at no cost
- Visit NYS Courts Electronic Filing System
- Search functionality limited to case status and appearances
- No access to actual documents
Public library resources:
- Many Westchester County public libraries offer access to legal databases
- Resources may include LexisNexis or Westlaw terminals
- Library staff can assist with basic research techniques
- Limited to published cases or those with significant legal precedent

Important limitations of free divorce record searches:

Free searches typically provide only basic case information (names, dates, case numbers)
Certified copies always require payment of statutory fees
Comprehensive case files require formal requests and associated fees
Older records may require staff assistance and research time
Records with confidentiality orders are not publicly accessible

For individuals with financial hardship, fee waivers may be available through the courts with proper documentation of inability to pay.

What's Included in a Divorce Records In Westchester County

Divorce records in Westchester County comprise a comprehensive collection of documents that chronicle the legal dissolution of marriage. These records typically contain the following components:

Summons and Complaint/Petition:
- Initial filing that commences the divorce action
- States grounds for divorce under New York Domestic Relations Law
- Contains basic information about the marriage and parties involved
- May include requests for specific relief (property division, support, custody)
Answer and Counterclaim:
- Responding spouse's formal reply to divorce petition
- May include alternative grounds or disputed facts
- Often contains requests for specific relief from the court
Financial Disclosure Statements:
- Statement of Net Worth forms from both parties
- Documentation of assets, debts, income, and expenses
- Tax returns and supporting financial documents
- Property valuations and appraisals
Stipulations and Agreements:
- Settlement agreements reached between parties
- Property division arrangements
- Spousal maintenance (alimony) terms
- Child support calculations pursuant to New York Child Support Standards Act
Parenting Arrangements (if children involved):
- Custody determinations (legal and physical)
- Visitation/parenting time schedules
- Decision-making authority specifications
- Relocation restrictions or provisions
Court Orders:
- Temporary orders during pendency of divorce
- Final Judgment of Divorce
- Qualified Domestic Relations Orders (QDROs) for retirement accounts
- Orders of Protection (if applicable)
Certificate of Dissolution:
- Official state record of divorce finalization
- Contains names, date of marriage, date of divorce
- Filed with New York State Department of Health
Transcripts:
- Records of court hearings and proceedings
- Testimony from parties and witnesses
- Judicial findings and determinations

The level of detail in divorce records varies significantly based on whether the divorce was contested or uncontested, whether it was resolved through settlement or trial, and whether special circumstances such as domestic violence or complex assets were involved.

How To Get Proof of Divorce In Westchester County?

Obtaining official proof of divorce in Westchester County requires following specific procedures depending on the intended use of the documentation. The following methods are available for securing legally recognized proof of divorce:

For a Certified Copy of Divorce Decree (from the court):

Visit or write to the Westchester County Clerk's Office:

Westchester County Clerk's Office
110 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 995-3070
Westchester County Clerk
Provide the following information:
- Full names of both parties to the divorce
- Date of divorce (approximate if exact date unknown)
- Index number of the case (if known)
- Copy of photo identification
Pay the required fee:
- $8.00 for certification of documents
- $0.65 per page for copies
- Additional $5.00 search fee if index number is unknown

For a Certificate of Dissolution (from New York State):

Submit an application to the New York State Department of Health:

New York State Department of Health
Vital Records Section
P.O. Box 2602
Albany, NY 12220-2602
(855) 322-1022
NYS Department of Health
Complete the application form DOH-4382 with:
- Names of both parties (including maiden name if applicable)
- Date and place of divorce
- Purpose for which the certificate is needed
Include:
- Copy of valid photo identification
- $30.00 fee per certificate (check or money order)
- Proof of relationship if requesting record of another person

For Exemplified Copies (for use in other states or countries):

Request an exemplified copy from the Westchester County Clerk:
- Submit written request specifying need for exemplification
- Provide case information as noted above
- Pay additional exemplification fee (currently $8.00)
For international use, determine if apostille is needed:
- Contact the NYS Department of State for apostille requirements
- Additional fees and processing time apply for apostille service

Processing times vary based on method of request:

In-person requests at the County Clerk may be fulfilled same-day
Mail requests to County Clerk typically process within 5-10 business days
State Department of Health requests generally take 10-15 business days
Expedited service is available from the State for an additional fee

Can a Divorce Be Confidential In Westchester County?

Divorce proceedings in Westchester County are presumptively public records, but New York law provides several mechanisms for maintaining confidentiality of sensitive information. The authority for confidentiality in divorce cases stems from New York Domestic Relations Law § 235, which specifically addresses privacy in matrimonial actions.

Circumstances under which divorce records may be confidential:

Sealing by Judicial Order:
- Either party may motion the court to seal records
- Judge must find "good cause" exists for sealing
- Entire case file or specific documents may be sealed
- Requires balancing privacy interests against public right to access
Automatic Confidentiality Protections:
- Financial affidavits and net worth statements
- Records containing children's identifying information
- Medical, mental health, and counseling records
- Social Security numbers and financial account numbers
- Allegations of domestic violence in family offense proceedings
Redaction Requirements:
- Personal identifying information must be redacted per New York Civil Practice Law and Rules § 202.5(e)
- Includes Social Security numbers, financial account numbers
- Birth dates of minor children
- Full home addresses in certain circumstances
Anonymous Captions:
- In extraordinary circumstances, cases may be captioned as "Anonymous v. Anonymous"
- Typically reserved for high-profile individuals or cases involving sensitive matters
- Requires specific judicial finding of necessity
Confidential Alternative Dispute Resolution:
- Mediation communications are confidential by statute
- Collaborative divorce processes maintain privacy
- Settlement negotiations generally not admissible in court

To request confidentiality for divorce records:

File a motion for a protective order with the Supreme Court
Demonstrate specific harm that would result from public disclosure
Request the minimum level of confidentiality needed (specific documents vs. entire file)
Be prepared to address the presumption of open court records

Even when records are sealed, certain government agencies may still access the information for official purposes, including law enforcement, child support enforcement, and social services agencies when authorized by law.

How Long Does a Divorce Take In Westchester County?

The duration of divorce proceedings in Westchester County varies significantly based on multiple factors. The New York State Unified Court System provides the following timeframe guidelines, though individual cases may deviate substantially:

Uncontested Divorces:

Minimum processing time: 3-6 months
Average completion time: 6-9 months
Factors affecting timeline:
- Completeness of initial paperwork
- Court calendar congestion
- Responsiveness of parties to information requests
- Judicial review timeframes

Contested Divorces:

Minimum duration: 9-12 months
Average duration: 12-18 months
Complex cases: 18-36 months or longer
Factors affecting timeline:
- Complexity of assets requiring valuation
- Child custody disputes
- Discovery compliance issues
- Court calendar availability
- Motion practice and judicial decisions
- Attorney scheduling conflicts

According to the New York State Unified Court System's statistical reports, the median time from filing to disposition for contested matrimonial cases in the 9th Judicial District (which includes Westchester County) is approximately 445 days.

Specific procedural timeframes that affect overall duration:

Statutory waiting period after service: 40 days
Preliminary conference: Typically scheduled 45-60 days after filing
Discovery completion: 6 months from preliminary conference (standard timeframe)
Note of issue filing: After discovery completion
Pre-trial conference: 30-60 days after note of issue
Trial scheduling: Dependent on court calendar availability

Factors that commonly extend divorce timeframes:

High-conflict custody disputes requiring forensic evaluations
Complex business valuations or property appraisals
International or interstate jurisdictional issues
Bankruptcy filings by either party
Appeals of interim decisions
Judicial reassignments or court delays

Expedited processes are available in limited circumstances:

Simplified uncontested divorce procedures
Emergency orders for financial support or custody
Judicial intervention for discovery disputes

The Westchester County Supreme Court Matrimonial Part provides specific local rules and procedures that may affect case timelines.

How Long Does Westchester County Keep Divorce Records?

Westchester County maintains divorce records according to New York State's records retention schedules, which establish different preservation periods based on record type and historical significance. The retention of these records is governed by New York Arts and Cultural Affairs Law § 57.25 and implemented through the State Archives' Records Retention and Disposition Schedule.

Court Records Retention:

Divorce case files (index numbers, pleadings, orders): Permanent retention
Exhibits and evidence: Returned to parties after appeals period or retained for 25 years
Transcripts of proceedings: 25 years
Temporary orders: 25 years after case disposition
Financial affidavits: 25 years after case disposition
Judgments of divorce: Permanent retention

Vital Records Retention:

Certificates of dissolution (state records): Permanent retention
Divorce indexes: Permanent retention
Statistical data: Permanent retention

The New York State Archives' Records Retention and Disposition Schedule for County Offices specifies that matrimonial case files are designated for permanent retention due to their legal and historical significance.

Physical storage practices:

Recent records (generally post-2000): Maintained at the Westchester County Clerk's Office
Older records: May be transferred to the Westchester County Archives
Microfilmed/digitized records: Original paper may be destroyed after quality verification

Westchester County Archives
2199 Saw Mill River Road
Elmsford, NY 10523
(914) 231-1500
Westchester County Archives

Electronic records retention:

Digital case management systems: Permanent retention
E-filed documents: Subject to same retention periods as paper records
Backup systems: Maintained according to court administration policies

Records that have met their retention period may be destroyed according to secure destruction protocols, except for those designated for permanent retention. However, the judgment of divorce itself is always permanently retained as a vital record.

For research purposes, older divorce records may require specialized assistance from archival staff, particularly for cases prior to computerization in the 1980s.

How To Get a Divorce In Westchester County

Obtaining a divorce in Westchester County requires following specific legal procedures established under New York Domestic Relations Law. The process varies depending on whether the divorce is contested or uncontested.

For Uncontested Divorce (both parties agree):

Determine eligibility under New York residency requirements:
- At least one spouse must have been a resident of New York for at least 2 years before filing, or
- At least one spouse has been a resident for at least 1 year and the couple was married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York
Prepare and file initial documents with the Westchester County Supreme Court:

Westchester County Supreme Court
111 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 824-5100
NY Courts - Westchester Supreme

Required documents include:
- Summons with Notice (Form UD-1) or Summons and Verified Complaint (Forms UD-1a and UD-2)
- Notice of Automatic Orders
- Notice Concerning Continuation of Health Care Coverage
- Filing fee: $210
Serve documents on spouse according to legal requirements
- Personal service by someone other than yourself
- Proof of service must be filed with court
Complete and file remaining uncontested divorce forms:
- Affidavit of Defendant (if spouse agrees)
- Affidavit of Plaintiff
- Note of Issue
- Findings of Fact/Conclusions of Law
- Judgment of Divorce
- Certificate of Dissolution
- Additional forms for child support, maintenance, etc. if applicable

For Contested Divorce (disagreement on terms):

File and serve initial documents as above
Attend preliminary conference:
- Court sets discovery schedule
- Temporary orders may be issued for support, custody, etc.
Complete discovery process:
- Financial disclosure statements
- Document production
- Depositions if necessary
- Expert valuations for property/businesses
Participate in court-mandated mediation:
- Westchester County requires attendance at Matrimonial Mediation Program
- Attempt to resolve contested issues
Pre-trial conference and settlement negotiations
Trial (if settlement not reached):
- Present evidence and testimony
- Judge issues decision on all contested issues
Judgment of Divorce prepared and signed by judge

Alternative resolution options:

Collaborative Divorce: Private process with specially trained attorneys
Mediation: Private mediator to facilitate agreement
Arbitration: Private judge makes binding decisions

All divorces in Westchester County must be filed with the Supreme Court, as family courts in New York do not have jurisdiction over divorce actions.

How To Get Divorce Papers In Westchester County

Obtaining divorce papers in Westchester County can be accomplished through several official channels. The specific forms required depend on the type of divorce proceeding and individual circumstances.

For Uncontested Divorce Packets:

New York State Unified Court System website:
- Visit the NYS Courts DIY Forms page
- Download the complete uncontested divorce packet
- Available in English and Spanish
- Includes instructions and all required forms
- No cost for downloading forms
Westchester County Supreme Court Clerk's Office:

Westchester County Supreme Court
111 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 824-5100
NY Courts - Westchester Supreme
- Available Monday-Friday, 9:00 AM - 5:00 PM
- Complete packet available for nominal fee
- Staff cannot provide legal advice but can verify required forms
Westchester County Law Library:

Westchester County Law Library
111 Dr. Martin Luther King Jr. Blvd.
White Plains, NY 10601
(914) 995-3760
Westchester County Law Library
- Reference assistance available
- Access to legal research materials
- Photocopying services available (fee per page)

For Contested Divorce Forms:

Individual forms available from the New York State Unified Court System:
- Summons with Notice
- Verified Complaint
- Affidavit of Service
- Request for Judicial Intervention
- Note of Issue
- Statement of Net Worth (required financial disclosure)
Specialized forms for specific situations:
- Child support worksheets
- Qualified Medical Child Support Order
- Qualified Domestic Relations Order (for retirement accounts)
- Application for Fee Waiver (poor person relief)

Legal Assistance Resources:

Westchester County Bar Association Lawyer Referral Service:

Westchester County Bar Association
1 North Broadway, Suite 512
White Plains, NY 10601
(914) 761-5151
Westchester County Bar Association
- Reduced fee initial consultations
- Referrals to matrimonial attorneys
Legal Services of the Hudson Valley:

Legal Services of the Hudson Valley
90 Maple Avenue
White Plains, NY 10601
(877) 574-8529
Legal Services of the Hudson Valley
- Free legal assistance for income-eligible individuals
- Divorce clinics and workshops
- Pro se (self-help) assistance
Pace Women's Justice Center:

Pace Women's Justice Center
78 North Broadway
White Plains, NY 10603
(914) 422-4188
Pace Women's Justice Center
- Legal assistance for domestic violence survivors
- Help with divorce and family court matters
- Walk-in clinic available

All divorce papers must be completed according to court requirements. Incorrect or incomplete paperwork may result in rejection or delays in processing.

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