Erie County Public Records /Erie County Divorce Records

Erie County Divorce Records

How To Find a Divorce Record In Erie County in 2026

ErieCountyRecords.us provides access to publicly available information related to divorce records in Erie County, New York. Members of the public may find case numbers, filing dates, party names, and final decrees through official court and clerk resources. Available record categories include dissolution judgments, settlement agreements, custody orders, support determinations, and property division documents. Access and completeness may vary depending on the age of the case and applicable privacy protections.

Records may be searched through official resources including the Erie County Clerk's office, public access terminals at the courthouse, and online search tools maintained by the county.

Online Searches

1. Clerk of Court Case Search

The Erie County Clerk's Online Public Record Search provides free access to basic case information. Members of the public may search by party name or case number. Certified copies of documents require payment of applicable fees.

2. New York State Courts Electronic Filing (NYSCEF)

The New York State Courts Electronic Filing system allows users to search electronically filed cases across New York State, including Erie County Supreme Court divorce proceedings. This consolidated database covers cases filed under the e-filing program.

3. New York State Vital Records

The New York State Department of Health Vital Records maintains divorce records for statistical purposes. Divorce certificates issued by the state provide limited information compared to full court case files and are subject to applicable fees.

In-Person Searches

Erie County Clerk's Office – Supreme Court Records Division
92 Franklin Street
Buffalo, NY 14202
Phone: (716) 858-8865
Erie County Clerk

Hours: Monday–Friday, 9:00 AM–5:00 PM
Services available in person:
- Search case files by party name or index number
- View documents at public access terminals
- Request certified copies of final decrees and judgments
- Staff assistance for locating records

Erie County Family Court
One Niagara Plaza
Buffalo, NY 14202
Phone: (716) 845-7400
Erie County Family Court

Family Court maintains records related to child custody, support orders, and related family law matters separate from Supreme Court divorce proceedings.

By Mail

Members of the public may submit written requests to the Erie County Clerk's Office at 92 Franklin Street, Buffalo, NY 14202. A written request should include:

Full names of both parties
Approximate date of divorce
Index number or case number, if known
Requestor's full name and contact information
Purpose of the request, if required
Payment for applicable copy fees
A self-addressed stamped envelope for return correspondence

Processing time for mail requests is two to four weeks depending on case volume and whether records require retrieval from archives.

By Phone

The Erie County Clerk's Office may be reached at (716) 858-8865. Staff can confirm whether a case exists, provide the index number, and advise on case status. Detailed document information and copies of records are not provided by telephone.

Through Attorneys

An attorney licensed in New York State may access divorce case files on behalf of a client, including requesting documents that may require a showing of need. The New York State Bar Association Lawyer Referral Service connects members of the public with qualified family law attorneys.

Information Needed for Search

Essential Information:

Full legal names of both spouses at the time of filing
Maiden names, if applicable
Approximate date of divorce or filing year
Index number or case number, if known

Helpful Information:

Date and location of marriage
Prior addresses in Erie County
Names of attorneys of record, if known
Children's names, if the case involved custody matters

Search in Correct County

Divorce proceedings in New York are filed in the Supreme Court of the county where either spouse resided at the time of filing. Members of the public searching for records should confirm the county of residence at the time of the divorce. Under New York Domestic Relations Law § 230, one party must have been a resident of New York State for a minimum of two years prior to filing, or one year under certain circumstances.

Time Considerations

Recent Divorces: Cases finalized within the past several weeks may not yet appear in online search systems. Members of the public should allow processing time following the final hearing before searching electronically.

Older Divorces: Cases predating electronic filing systems may be stored in physical archives. Retrieval of archived records requires additional processing time and may not be available through online search tools.

What If You Cannot Find a Record

Common reasons a record may not appear in search results include:

The divorce was filed in a different county
Name variations between maiden and married names
Spelling differences in party names
The case remains pending and has not been finalized
Very old records stored in off-site archives
The case has been sealed by court order

Members of the public encountering difficulty locating a record may contact the Erie County Clerk's Office at (716) 858-8865, attempt alternate name spellings, search under both spouses' names, or consult the New York State Department of Health for divorce certificate records.

What Are Erie County Divorce Records?

Erie County divorce records are official court documents generated during and after divorce proceedings filed in the Erie County Supreme Court. These records constitute part of the public court file and are maintained by the Erie County Clerk as the official custodian of Supreme Court records.

Types of Divorce Records:

Court Case Files include the complete set of documents filed during the proceeding:

Summons and complaint or petition for divorce
Verified answer or response
Financial disclosure affidavits
Parenting plans and custody agreements
Settlement agreements
Motions, orders, and hearing transcripts
Final judgment of divorce

Final Decree: The final judgment of divorce is the official court order dissolving the marriage. It establishes the date of dissolution, division of marital property, spousal support terms, child custody and visitation arrangements, child support orders, and any name restoration. Certified copies of the final decree are available through the Erie County Clerk's Office.

Supporting Documents may include marriage certificates submitted as exhibits, financial disclosure statements, property appraisals, parenting plan modifications, and post-judgment enforcement orders.

Purpose of Divorce Records:

Divorce records serve legal purposes including proof of marital status for remarriage, name change documentation, property transfer verification, estate planning, immigration proceedings, and Social Security benefit determinations. They also serve personal purposes such as genealogical research and family history documentation.

Legal Framework:

Divorce proceedings in New York are governed by New York Domestic Relations Law § 170, which establishes the grounds for divorce, including irretrievable breakdown of the marriage for a period of at least six months. Public access to court records is governed by the New York Freedom of Information Law (Public Officers Law § 87), which establishes a presumption of public access to government records subject to enumerated exemptions.

Are Erie County Divorce Records Public?

Divorce records filed in Erie County Supreme Court are public court records subject to the New York Freedom of Information Law. Members of the public may access basic case information, docket entries, and most filed documents without demonstrating a specific need or interest.

What Is Public:

Index number and filing date
Names of both parties
Names of attorneys of record
Court hearing dates and outcomes
Court orders and judgments
Final judgment of divorce
Property division orders
General case status and docket entries

What May Be Restricted:

Financial Information:

Social Security numbers are redacted from public filings pursuant to court rules
Bank account numbers and credit card numbers are redacted
Detailed tax returns may be subject to limited access
Certain financial statements may be filed under seal upon court order

Children's Information:

Names and addresses of minor children may be partially redacted
Schools children attend are not disclosed in public records
Medical and psychological evaluations of children may be sealed
Guardian ad litem reports are subject to restricted access
Child custody evaluations ordered by the court may be sealed

Sensitive Personal Information:

Domestic violence allegations and supporting evidence may be sealed
Mental health and substance abuse treatment records are protected
Personal addresses in cases involving protective orders are withheld
Medical records submitted as exhibits are subject to HIPAA protections

Sealed Records: A court may seal all or part of a divorce case file upon a showing of good cause. High-profile cases, cases involving abuse, and cases with confidential settlement terms may be subject to sealing orders. Mediation communications are confidential and do not become part of the public record.

Who Can Access Records:

General Public: Members of the public may access most case information, view docket summaries, and obtain copies of public documents. Photo identification may be required at the clerk's counter.

Parties to the Case: Each party to a divorce proceeding has full access to their own case file, including documents that may be restricted from general public access.

Attorneys: Licensed attorneys may access case files on behalf of clients and may petition the court for access to sealed documents upon a showing of legitimate need.

Researchers and Media: Journalists and academic researchers may access public portions of divorce records. Access to sealed records requires a court order. First Amendment considerations apply to news reporting on matters of public concern.

Prohibited Uses: Members of the public may not use divorce records for stalking, harassment, identity theft, fraudulent purposes, or violation of protective orders.

Obtaining Confidential Records: A party seeking access to sealed or restricted records must file a motion with the court demonstrating a legitimate legal need. The court applies a balancing test weighing the interest in disclosure against privacy and safety concerns. Certain parties, including law enforcement agencies, child protective services investigators, and court-appointed evaluators, may be entitled to access by statute.

How Much Does It Cost to Get Divorce Records in Erie County?

The Erie County Clerk's Office charges standard fees for copies and certified copies of divorce records. Current fees are established pursuant to New York County Law § 909 and applicable court rules.

Standard Fee Schedule:

Service	Current Fee
Plain copy (per page)	$0.65 per page
Certified copy of judgment or decree	$5.00 per document
Certification fee	$5.00
Search fee (when applicable)	$5.00
Exemplified copy	$10.00

Additional Fee Information:

Online access to basic case information through the Erie County Clerk's Online Public Record Search is available at no charge
Fees for copies obtained in person are payable by cash, check, or money order made payable to the Erie County Clerk
Mail requests require payment by check or money order; cash is not accepted by mail
Electronic copies, where available, may be subject to separate fee schedules
Certified copies of the final judgment of divorce are the standard form of proof accepted for legal purposes including remarriage and name change proceedings

Fee Waivers: Members of the public who qualify as indigent may petition the court for a fee waiver pursuant to applicable court rules. Fee waiver applications are available at the Erie County Clerk's Office.

Free Access: Basic case information including index numbers, party names, filing dates, and docket entries is available at no charge through the online public record search system and at public access terminals located at the Erie County Clerk's Office.

What's Included in Divorce Records in Erie County

A complete Erie County divorce case file contains documents generated from the initial filing through final judgment and any post-judgment proceedings.

Basic Case Information: Every case file includes the case caption with the index number, court name, names of the petitioner and respondent, the assigned judge, and attorneys of record. Filing information includes the date filed, case type, and jurisdictional basis.

Initial Pleadings: The summons and verified complaint or petition for divorce identifies both parties, states the date and location of the marriage, the date of separation if applicable, the grounds for divorce under New York Domestic Relations Law, information about any children of the marriage, and the relief requested including property division, support, and custody. The verified answer or response sets forth the respondent's position and any counterclaims.

Financial Affidavits: Both parties are required to submit financial disclosure statements detailing income from all sources, monthly expenses, assets including real property, vehicles, bank accounts, investment and retirement accounts, and personal property, as well as all liabilities including mortgages, loans, and credit card debt.

Discovery Documents: Case files may include interrogatories and responses, requests for production of documents, deposition transcripts, tax returns, pay stubs, bank and investment account statements, retirement account statements, and business financial records where applicable.

Property-Related Documents: Marital asset and debt inventories, real property appraisals, business valuations, and expert reports on asset values are filed as part of the case record.

Children-Related Documents: Where the divorce involves minor children, the case file includes the parenting plan or custody agreement specifying legal and physical custody, the timesharing schedule including holidays and vacations, transportation arrangements, and decision-making responsibilities. Child support calculation worksheets, income information, and the support order are also part of the record. Custody evaluations and guardian ad litem reports, where ordered, may be sealed or subject to restricted access.

Support Documents: Alimony or spousal support provisions, including the type, amount, duration, and termination conditions, are set forth in the settlement agreement and incorporated into the final judgment.

Settlement Documents: The Marital Settlement Agreement is a comprehensive document resolving all issues in the divorce, including property division, debt allocation, spousal support, child-related provisions, tax treatment, and attorney fee allocation. Mediation agreements, where applicable, may be incorporated into the settlement agreement, though mediation communications themselves are confidential.

Court Orders and Judgments: Temporary orders issued during the pendency of the case, including temporary custody, support, and restraining orders, are part of the case file. The Final Judgment of Divorce is the court's definitive order dissolving the marriage, containing findings of fact, conclusions of law, and all provisions governing the parties' rights and obligations. Qualified Domestic Relations Orders (QDROs) are filed separately where retirement accounts are divided.

Post-Judgment Documents: Petitions to modify custody or support, court orders on modifications, contempt motions, income deduction orders, and enforcement actions are filed in the original case and become part of the permanent record.

What Is Typically Confidential or Sealed:

Social Security numbers and financial account numbers (redacted as a matter of course)
Children's residential addresses and school information
Domestic violence details where a sealing order has been entered
Mental health and substance abuse evaluation records
Mediation communications
Trade secrets contained in business valuations

How to Get Proof of Divorce in Erie County

Proof of divorce in Erie County is obtained through a certified copy of the Final Judgment of Divorce issued by the Erie County Clerk's Office. A certified copy bears the clerk's official seal and signature and is accepted as legal proof of divorce for remarriage, name change, immigration, and other official purposes.

Steps to Obtain a Certified Copy:

Gather the full names of both parties and the approximate year of divorce. The index number, if known, expedites the search.
Submit a request in person at the Erie County Clerk's Office, 92 Franklin Street, Buffalo, NY 14202, during business hours Monday through Friday, 9:00 AM to 5:00 PM.
Alternatively, submit a written request by mail to the same address, including party names, approximate divorce date, index number if known, requestor contact information, and a check or money order for applicable fees.
For online access to case information, use the Erie County Clerk's Online Public Record Search to locate the index number before submitting a copy request.
For divorce records predating the Supreme Court's jurisdiction or involving Family Court judgments such as child custody and support orders, contact the Erie County Family Court directly at (716) 845-7400.
For a divorce certificate issued by the state for statistical purposes, submit a request to the New York State Department of Health Vital Records.

Erie County Clerk's Office
92 Franklin Street
Buffalo, NY 14202
Phone: (716) 858-8865
Erie County Clerk

Erie County Family Court
One Niagara Plaza
Buffalo, NY 14202
Phone: (716) 845-7400
Erie County Family Court

Can a Divorce Be Confidential in Erie County?

Divorce proceedings in Erie County are presumptively public, but certain records or entire case files may be made confidential under specific legal circumstances.

Circumstances Under Which Records May Be Sealed or Restricted:

A party may file a motion requesting that the court seal all or part of the case file upon a showing of good cause, such as the presence of domestic violence, child safety concerns, or sensitive medical or mental health information
Financial account numbers, Social Security numbers, and similar identifying information are redacted from public filings as a matter of standard court practice under New York court rules
Custody evaluations, psychological assessments, and guardian ad litem reports are subject to restricted access and are not available to the general public without a court order
Mediation communications are confidential by statute and do not become part of the public court record
Cases involving allegations of domestic violence may be partially or fully sealed to protect the safety of victims and children
High-profile cases may be sealed upon a specific judicial finding that public access would cause substantial harm outweighing the interest in transparency

The legal basis for sealing court records in New York is found in the Uniform Rules for the Supreme Court and the Court of Appeals, as well as applicable provisions of the New York Civil Practice Law and Rules. Members of the public seeking access to sealed records must file a motion demonstrating a legitimate legal need, and the court will apply a balancing test on a case-by-case basis.

How Long Does Erie County Keep Divorce Records?

Erie County divorce records are maintained for extended periods consistent with New York State court records retention requirements established by the New York State Archives and the Office of Court Administration.

Retention Periods:

Final judgments of divorce and other permanent court orders are retained indefinitely as part of the permanent court record
Complete case files for contested divorce proceedings are retained for a minimum of ten years following the close of the case under standard court records retention schedules
Cases involving child custody and support orders may be retained for longer periods due to the ongoing nature of family court jurisdiction
Electronic records created through the NYSCEF system are maintained in the state's electronic filing infrastructure and are accessible for the foreseeable future
Paper records predating electronic filing systems may be transferred to off-site storage or the New York State Archives after a defined retention period, and retrieval may require additional processing time
Records subject to a sealing order are retained in accordance with the terms of the order and applicable retention schedules

Members of the public seeking records from older cases should contact the Erie County Clerk's Office at (716) 858-8865 to confirm whether the records remain on-site or have been transferred to archives. The New York State Archives maintains guidance on court records retention schedules applicable to Supreme Court civil proceedings, including divorce cases.