Manhattan Divorce Lawyer Richard Roman Shum Clarifies New York Divorce Record Confidentiality And Access Procedures

New York, NY - Manhattan divorce lawyer Richard Roman Shum of the Law Office of Richard Roman Shum (https://www.romanshum.com/blog/is-a-divorce-public-record/), is providing clear guidance on how New York courts handle divorce files, hearings, and post-judgment documents, outlining what is sealed, who may obtain copies, and the steps required to access decrees or certificates.

Under New York law, "divorce records" encompass several distinct documents. Certificates are issued by the New York State Department of Health and contain limited details such as the parties' names, county of judgment, and date. Decrees are court orders issued by the New York Supreme Court that finalize the divorce and may reference or incorporate terms governing property division, support, and custody. Broader court records include pleadings, affidavits, exhibits, and transcripts. According to the Manhattan divorce lawyer, access differs by document type. Divorce decrees and underlying matrimonial files are sealed and generally available only to the parties and their attorneys or to others with a court order, whereas certificates may be requested by either spouse or a petitioner with judicial authorization.

Courtroom access follows a similar framework. While court sittings are presumptively open under Judiciary Law 4, New York's Domestic Relations Law 235 provides for sealing of matrimonial papers, and courts may limit attendance in divorce matters when appropriate. As the Manhattan divorce lawyer notes, the sealing regime is designed to protect sensitive information, including financial disclosures and allegations that could cause reputational or safety concerns. Records remain sealed for 100 years from filing unless a judge orders otherwise. Courts may issue certificates of disposition confirming that a divorce was granted without exposing the file's contents. Written motions or appellate decisions may still be published, even when the underlying file is sealed.

In limited circumstances, a judge may grant a motion to unseal records for good cause, such as when evidence is needed for separate litigation involving inheritance or alleged fraud. Practical access routes also vary. Certified copies of decrees are obtained through the County Clerk in the county of judgment or where the petitioner resides, with fees set by each county. For example, New York County lists per-page copy fees plus a certification charge. Divorce certificates are maintained by the Department of Health's Bureau of Vital Records and can be requested by mail for a state-listed fee or through the state's authorized vendor, which adds processing costs. Identification is required, and state records for certificates generally begin with divorces granted on or after January 1, 1963. According to the Manhattan divorce lawyer, parties seeking greater privacy may consider mediation or collaborative processes that reduce the volume of sensitive filings.

Prospective and current litigants often ask who may see a case index or caption. While the existence of a case and the parties' names can appear in public indices, the filings themselves, including settlements, affidavits, and testimony, remain sealed absent court approval. Parties, counsel of record, or a court-authorized requester may review or copy materials through the County Clerk, typically after submitting proper identification and any required written request. These safeguards support candid disclosures in matrimonial proceedings while preserving public confidence in the courts.

About Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a New York City law firm focused on family law and divorce matters, including equitable distribution, spousal support, child custody, and child support. The firm represents clients across Manhattan, Brooklyn, Queens, and the greater New York City area. Guided by thorough preparation and practical strategies, the team provides steady advocacy in contested and uncontested cases. For consultations, contact the firm at (646) 259-3416 to schedule an appointment.

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Website: https://www.romanshum.com/

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