Divorce records in Erie County, New York, can be accessed through several channels depending on what type of document you need. ErieCourt.us can help you find publicly available divorce record information for Erie County. Beyond that, the court that issued the divorce decree, the Erie County Clerk's Office, and the New York State Department of Health's Vital Records Section each maintain records related to divorces filed in the county.
Erie County Divorce Records Search
In New York, divorce cases are handled by the Supreme Court — not a "family court" or "district court" for dissolution of marriage. The Erie County Clerk's Office serves as the filing office for Supreme Court records, including matrimonial actions. The Clerk maintains divorce decrees, judgments of divorce, and related court filings such as settlement agreements, custody orders, and property distribution documents.
However, matrimonial records in Erie County are sealed for 100 years under New York State law (Domestic Relations Law § 235). Only the plaintiff, defendant, or their attorney of record may request access. Third parties generally cannot obtain these records without a court order.
The New York State Department of Health also maintains divorce certificates (a summary vital record) for divorces granted anywhere in the state since 1963.
Erie County Clerk's Office
Where Divorce Records Are Filed in Erie County
Understanding which office holds the record you need will save time. Erie County divorce cases move through the New York State Supreme Court, Eighth Judicial District. After a judge signs the divorce decree, the judgment is filed with the Erie County Clerk, who acts as the clerk of the Supreme Court.
For Court Records (Divorce Decree, Settlement Agreement, Custody Orders)
Contact the Erie County Clerk's Office. Because matrimonial files are sealed under DRL § 235, you must be a named party or the attorney of record to request copies. You may also need to submit a written request with identification. E-filed documents in Erie County are available through the New York State Courts Electronic Filing system (NYSCEF), though access restrictions for sealed matrimonial cases still apply.
For Divorce Certificates (Vital Record)
The New York State Department of Health issues divorce certificates for divorces finalized in New York State from 1963 onward. A divorce certificate is a summary document — it confirms the divorce occurred but does not include the full terms of the settlement. Eligible applicants include the parties to the divorce, their attorneys, or individuals with a lawful court order.
You can also apply online through the NYS Department of Health vital records portal.
For Older or Historical Records
Divorces granted before 1963 may only be on file with the county clerk where the divorce was granted. For Erie County, contact the Erie County Clerk's Office directly. The general rules for requesting information from the Clerk's Office outline required forms and procedures.
Divorce Record Search Fees, Copy Costs, and Processing Times in Erie County
| Service | Fee | Typical Processing Time |
|---|---|---|
| Divorce certificate (NYS Department of Health — by mail) | $30.00 | 4–6 weeks |
| Divorce certificate (NYS Department of Health — online/expedited) | $30.00 + processing fee | 2–4 weeks |
| Certified copy of court document (Erie County Clerk) | $1.25 per page + $5.00 certification fee | Varies; in-person requests may be same day |
| Search fee (Erie County Clerk — per two-year period searched) | $5.00 | Varies |