Montgomery County Divorce Records
How To Find a Divorce Record In Montgomery County in 2026
MontgomeryCountyRecords.org provides access to publicly available information related to divorce records in Montgomery County, New York. Members of the public may find case filing dates, party names, court orders, and final decrees through official channels. Available record categories include divorce decrees, dissolution judgments, separation agreements, post-judgment modifications, and related family court filings. Access and completeness of records may vary depending on the age of the case and applicable confidentiality provisions.
Divorce records in Montgomery County may be searched through official resources maintained by the Montgomery County Clerk's office, the New York State Unified Court System, and the New York State Department of Health Vital Records office. The following methods are available to members of the public seeking these records.
Online Searches
1. Clerk of Court Case Search
The Montgomery County Clerk's office maintains an index of recorded documents, including divorce-related filings. Basic case information is available at no charge; fees apply for document copies.
2. New York State Court System Portal
The New York State Unified Court System provides an eCourts case search tool that allows members of the public to search Supreme Court civil cases, including divorce proceedings, across New York State counties.
3. New York State Vital Records
The New York State Department of Health maintains divorce records for proceedings finalized in New York State. Divorce certificates are available for events occurring from January 1963 to the present. Fees apply for certified copies.
In-Person Searches
Montgomery County Clerk — Recording Division
64 Broadway
Fonda, NY 12068
Phone: (518) 853-8111
Montgomery County Clerk's office
Members of the public may visit the County Clerk's office during regular business hours to search case files, view documents, request certified copies, and receive staff assistance. Public access terminals are available on-site.
Montgomery County Supreme Court — Family Term
58 Broadway
Fonda, NY 12068
Phone: (518) 853-4516
New York State Unified Court System
The Supreme Court clerk's office maintains complete divorce case files and provides access to docket entries, pleadings, and final judgments.
By Mail
Written requests for divorce records may be submitted by mail to the Montgomery County Clerk's office at 64 Broadway, Fonda, NY 12068. Requests should include the full names of both parties, the approximate date of the divorce, the case number if known, the requester's contact information, and payment for applicable fees. A self-addressed stamped envelope should be included. Processing time is typically one to two weeks.
By Phone
The Montgomery County Clerk's office may be reached at (518) 853-8111. Staff can confirm whether a case exists, provide a case number, and advise on case status and filing date. Detailed document information and copies of records are not available by telephone.
Through Attorneys
An attorney licensed in New York State may access divorce case files on behalf of a client, including requesting sealed documents upon a proper showing to the court. The New York State Bar Association provides a lawyer referral service for members of the public seeking legal representation in family law matters.
Information Needed for Search
Essential Information:
- Full legal names of both spouses
- Maiden names, if applicable
- Approximate date of divorce
- Case number, if known
Helpful Information:
- Date and location of marriage
- Previous addresses in Montgomery County
- Names of attorneys of record, if known
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 who are uncertain of the filing county may need to search multiple counties. Under New York Domestic Relations Law § 230, at least one party must have been a resident of New York State for a continuous period of two years immediately preceding the commencement of the action, or one year if the parties were married in New York or resided in New York as a married couple.
Time Considerations
- Recent divorces: Records may not appear in online systems immediately following a final hearing. Members of the public should allow several days to several weeks for processing.
- Older divorces: Cases predating electronic filing may be archived in paper format and may require additional retrieval time. Not all historical records have been digitized.
What If You Cannot Find a Record
Common reasons a divorce record may not be located include searching the wrong county, name variations between married and maiden names, spelling differences, a case that remains pending and has not been finalized, or a record that has been sealed by court order. Members of the public may contact the Montgomery County Clerk's office at (518) 853-8111, attempt alternate name spellings, search under both spouses' names, or consult the New York State Department of Health vital records for divorce certificates.
What Are Montgomery County Divorce Records?
Montgomery County divorce records are official court documents generated during and after divorce proceedings filed in the Montgomery County Supreme Court. These records constitute part of the family law court file and are maintained by the County Clerk as the official custodian of court records.
Types of Divorce Records:
- Court case files: Petition for dissolution of marriage, response or answer, financial affidavits, parenting plans, settlement agreements, motions, orders, and hearing transcripts
- Final decree: The official court order ending the marriage, establishing the date of dissolution, division of property, spousal support, child custody arrangements, child support orders, and any name restoration
- Supporting documents: Marriage certificates submitted as exhibits, financial disclosure documents, property inventories, and post-judgment modification orders
Purpose of Divorce Records:
- Proof of marital status for remarriage
- Name change documentation
- Property transfer and estate planning
- Immigration proceedings and Social Security benefit claims
- Genealogical and family history research
- Verification of divorce terms for enforcement purposes
Who Maintains Divorce Records:
The Montgomery County Clerk's office serves as the primary custodian of divorce case files and provides certified copies to eligible requesters. The New York State Department of Health maintains divorce certificates for proceedings finalized from January 1963 forward, offering a more limited record than the full court file.
Under New York Domestic Relations Law § 211, actions for divorce are maintained in the Supreme Court, and the clerk of that court is responsible for the custody and indexing of all related filings.
Are Montgomery County Divorce Records Public?
In New York State, divorce records are sealed and are not available to the general public. This distinguishes New York from many other states where divorce records are treated as open public records. Under the policy of the Montgomery County Clerk's office, divorce records are available only to the parties named in the divorce proceeding.
Who Can Access Divorce Records:
- Parties to the case: Either spouse named in the divorce proceeding may obtain copies of the record upon presentation of valid photo identification.
- Authorized representatives: An attorney of record or a person presenting a notarized authorization signed by one of the named parties may access the record.
- General public: Members of the public who are not parties to the proceeding do not have a right of access to divorce records in Montgomery County under current New York State policy.
What May Be Restricted Even for Parties:
- Social Security numbers are redacted from copies provided
- Bank account numbers and financial account identifiers are redacted
- Information pertaining to minor children, including addresses and school enrollment, may be restricted
- Domestic violence allegations, mental health evaluations, and substance abuse records may be sealed by court order
- Mediation communications are confidential and are not part of the accessible court record
Legal Basis:
New York courts apply a balancing test between the public interest in transparency and the privacy interests of the parties, with family law proceedings receiving heightened protection. Members of the public seeking access to sealed records must file a motion with the court and demonstrate good cause. The New York State Freedom of Information Law (Public Officers Law § 87) governs access to government records generally, but court records maintained by the judiciary are subject to separate court rules rather than FOIL.
How Much Does It Cost to Get Divorce Records in Montgomery County?
The Montgomery County Clerk's office applies the following current fee structure for divorce record requests:
| Service | Fee |
|---|---|
| Search fee | $5.00 per two-year period searched |
| Copy fee | $1.00 per page |
| Maximum copy fee per document | $40.00 |
| Certified copy | Additional certification fee applies |
- The search fee of $5.00 covers each two-year period that must be searched to locate the record.
- Copy fees are assessed at $1.00 per page, with a maximum fee of $40.00 per document.
- Certified copies carry an additional fee for the certification itself.
- Payment is accepted in the form of check or money order made payable to the Montgomery County Clerk. Members of the public should confirm accepted payment methods directly with the office prior to submitting a mail request.
- No fee waiver provisions are currently published for divorce record requests at the county level. Members of the public with financial hardship concerns may inquire directly with the Clerk's office.
- Basic case status information, such as confirmation that a case exists and its filing date, may be obtained at no charge by contacting the office directly.
What's Included in Divorce Records in Montgomery County
A complete Montgomery County divorce case file contains the following categories of documents, subject to applicable confidentiality restrictions:
Basic Case Information:
- Case number, court name, and division
- Names of petitioner and respondent
- Judge assigned and attorneys of record
- Date filed, case type, and jurisdictional basis
Initial Pleadings:
- Petition for dissolution of marriage, including marriage date and location, grounds for divorce, children's information, property claims, and relief requested
- Response or answer, including the respondent's position and any counterpetition
- Financial affidavits from both parties detailing income, expenses, assets, and liabilities
Discovery Documents:
- Financial disclosure materials including tax returns, pay stubs, bank statements, investment and retirement account statements
- Interrogatories and answers under oath
- Requests for production and document responses
- Property inventories and appraisals
Children-Related Documents (if applicable):
- Parenting plan establishing legal and physical custody, timesharing schedule, holiday and vacation provisions, and decision-making responsibilities
- Child support calculation worksheet, income information, and support order
- Custody evaluations and guardian ad litem reports, which may be sealed
Support Documents:
- Alimony or spousal support order specifying type, amount, duration, and termination conditions
- Income analysis and standard of living documentation
Settlement Documents:
- Marital Settlement Agreement covering property division, debt allocation, spousal support, child-related provisions, tax treatment, and attorney fees
- Mediation agreement, if applicable, though mediation communications themselves remain confidential
Court Orders and Judgments:
- Temporary orders for custody, support, and use of property
- Final Judgment of Dissolution, including findings of fact, conclusions of law, property division, support orders, custody and timesharing, name restoration, and the judge's signature and seal
- Qualified Domestic Relations Orders (QDROs) for division of retirement accounts
Post-Judgment Documents:
- Petitions to modify custody or support and resulting court orders
- Contempt motions and enforcement actions, including income deduction orders and liens
What Is Typically Redacted or Sealed:
- Social Security numbers and financial account numbers
- Children's residential addresses and school information
- Domestic violence details and mental health evaluations
- Substance abuse records and trade secrets in business valuations
- Settlement negotiations and mediation communications
How to Get Proof of Divorce in Montgomery County
Proof of divorce in Montgomery County is obtained through the Montgomery County Clerk's office or the New York State Department of Health, depending on the level of detail required.
Step 1 — Determine the appropriate office:
- For a certified copy of the final divorce decree or case documents, contact the Montgomery County Clerk's office, which maintains the complete court file.
- For a divorce certificate (a summary document confirming the fact of divorce), contact the New York State Department of Health Vital Records for proceedings finalized from January 1963 forward.
Step 2 — Confirm eligibility:
- Only the named parties or their authorized representatives may obtain divorce records in Montgomery County. Valid photo identification is required.
Step 3 — Submit the request:
- In person at the Montgomery County Clerk's office, 64 Broadway, Fonda, NY 12068, during regular business hours.
- By mail to the same address, including the names of both parties, approximate divorce date, case number if known, requester's contact information, and payment.
- Through the New York State Department of Health online or by mail for a divorce certificate.
Step 4 — Pay applicable fees:
- Search fee of $5.00 per two-year period, plus $1.00 per page copied, with a maximum of $40.00 per document, applies at the County Clerk's office.
- The New York State Department of Health assesses separate fees for divorce certificates.
Montgomery County Clerk's Office
64 Broadway
Fonda, NY 12068
Phone: (518) 853-8111
Montgomery County Clerk's office
New York State Department of Health — Vital Records
Vital Records Section, P.O. Box 2602
Albany, NY 12220-2602
Phone: (518) 474-3077
New York State Department of Health
Can a Divorce Be Confidential in Montgomery County?
In Montgomery County, New York, divorce records are sealed as a matter of standard practice and are not available to the general public. Beyond this baseline confidentiality, certain portions of a divorce case file may receive additional protection by court order or by operation of law.
Records that may be subject to heightened confidentiality include:
- Domestic violence information: Addresses, contact information, and allegations involving domestic violence victims may be sealed to protect the safety of the parties involved.
- Children's information: Names, residential addresses, school enrollment, and medical or psychological records pertaining to minor children are subject to restriction under New York family law.
- Mental health and substance abuse records: Evaluations and treatment records introduced in proceedings may be sealed upon motion.
- Mediation communications: Under New York law, communications made during court-ordered mediation are confidential and do not become part of the accessible court record.
- High-profile cases: A court may seal an entire case file upon a showing that public access would cause substantial harm to a party.
Members of the public or parties seeking access to sealed portions of a divorce record must file a motion with the Supreme Court and demonstrate good cause. The court applies a balancing test weighing the interest in transparency against the privacy interests at stake. Requests for FOIL access to court records are governed by separate court rules rather than Public Officers Law § 87, which applies to executive agency records.
How Long Does Montgomery County Keep Divorce Records?
Montgomery County maintains divorce records in accordance with New York State court records retention schedules established by the Office of Court Administration.
Retention periods for divorce records include:
- Final judgments of dissolution: Retained permanently. The final divorce decree is a permanent court record and is not subject to destruction.
- Complete case files: Supreme Court civil case files, including divorce proceedings, are retained for a minimum of ten years following the close of the case under standard New York court retention schedules. Cases involving child custody or support may be retained longer due to the ongoing nature of those orders.
- Post-judgment modification files: Retained for the same period as the original case file, running from the date of the most recent order.
- Archived paper records: Older cases that predate electronic filing are maintained in physical archives and may require additional retrieval time. Some historical records have been transferred to the New York State Archives.
- Vital records (divorce certificates): The New York State Department of Health retains divorce certificates for proceedings from January 1963 forward on a permanent basis.
Members of the public seeking records from cases that may have been archived should contact the Montgomery County Clerk's office directly to confirm availability and retrieval procedures.