Divorce records are kept by the court that granted the divorce, in the county where the case was filed, and many states’ vital records offices also keep a short divorce certificate or verification. In many states the court file and the final decree are open to the public, minus confidential details such as Social Security and account numbers, but some states close much more: New York closes divorce papers to everyone but the spouses and their lawyers, unless a court orders otherwise, for 100 years. To find a record, start with both names, the county and an approximate year.
This guide is general information, not legal advice. Rules differ by state and by court, and CDC’s Where to Write for Vital Records links each state’s vital records office. For deeds, licenses and other kinds of records, see what you can find in public records.
The three kinds of divorce records
The case file. Everything filed in the divorce, listed by date on the docket: the petition and response, financial disclosures, agreements, motions and orders. The court clerk keeps it. Case files can include marriage details, residences, name changes and children’s names and ages, the FamilySearch Research Wiki notes.
The decree or judgment. The judge’s signed order that ends the marriage and sets its terms, such as the division of property and debts, spousal support, custody, visitation and child support, as USA.gov describes it. Some states call it a judgment. The same clerk issues certified copies.
The divorce certificate or verification. A short state vital record with both names and the date and place of the divorce. Not every state issues one. Florida’s health department has dissolution of marriage certificates from June 6, 1927, North Carolina Vital Records from 1958 and New York’s health department from January 1, 1963. Texas issues verification letters for divorces from 1968 on, and California’s state office has only a “certificate of record,” for divorces filed between 1962 and June 1984.
Which office keeps which divorce record
The office that issued a couple’s marriage license often isn’t the one holding their divorce. In Texas, marriage licenses come from the county clerk and divorce decrees from the district clerk, and the Los Angeles County Registrar-Recorder/County Clerk says it doesn’t record or house divorce records; the Superior Court keeps them.
| Record | Where it’s kept | Who can get it | What it shows |
|---|---|---|---|
| Case file and docket | Clerk of the court in the county where the divorce was filed | The public in many states, minus confidential items; in New York, only the spouses and their lawyers | Every filing and order, except sealed or confidential items |
| Decree or judgment | The same clerk: the district clerk in Texas, the County Clerk in New York, the Superior Court in California | Usually anyone who can see the file; Utah treats court orders as public | That the marriage ended, when, and the terms: property, debts, support, custody and any restored former name |
| Certificate or verification | State vital records office, from the year that state began keeping them | Varies: in New York, either spouse or someone with a New York court order | Names, date and place, with no terms; North Carolina’s add who filed and the marriage and separation dates |
| State divorce index | Some state offices and archives: Texas DSHS from 1968 (posted through 2020 as of October 2026), the Tennessee State Library and Archives for July 1945–1970 | Texas posts its indexes for download; Tennessee’s archives are open to the public | In Texas, both names, the date and the county where the decree is filed: aids for finding the county, not legal documents |
There’s no national divorce index. The federal government “does not distribute certificates, files, or indexes with identifying information for vital records,” CDC’s Where to Write page says, and the National Archives generally doesn’t hold them. The CDC’s National Center for Health Statistics stopped collecting detailed divorce data in January 1996 and now gets only counts: 662,950 divorces and annulments in 2024, a provisional figure from 45 states and Washington, D.C. that leaves out California, Hawaii, Indiana, Minnesota and New Mexico, according to NCHS. A search has to start in a state and a county.
Divorce decree vs. divorce certificate: which one you need
A certificate shows that a divorce happened; the decree shows what the court ordered. Which one an office wants depends on the task:
| Task | Document to bring | What the office says |
|---|---|---|
| Show that a divorce happened | A state certificate, where your state issues one | Florida says its certificate is “acceptable as evidence that a dissolution was finalized and granted” |
| Apply for a new marriage license | What the license office asks for; USA.gov says a certificate may be all you need | New York license clerks must accept a county clerk’s certificate of disposition as evidence the earlier marriage ended |
| Go back to a former name on your Social Security card | A document proving the legal name change, such as the divorce decree | Social Security takes originals or copies certified by the issuing agency, not photocopies or notarized copies |
| Change the name on your passport | The original or a certified copy of the name-change document | To renew by mail, the State Department requires a certified copy |
| Enforce support, custody or property terms | The decree | USA.gov: the decree sets the specific terms of the divorce |
A verification letter isn’t a decree. Texas says its verification letters aren’t certified and aren’t a legal substitute for a divorce decree. California’s certificate of record “does not indicate whether the divorce was ever finalized in court,” CDC’s California listing notes. And if a California judgment restored your former name, the state’s courts call the signed judgment your legal proof of the name change; a certified copy costs about $40.
Are divorce records public?
Often, in part. What the public can see depends on the state and on the record. Some examples, as of October 2026:
- Florida. The clerk must keep Social Security numbers in court files confidential, and bank account and debit, charge and credit card numbers exempt from public disclosure, without anyone having to ask, under section 119.0714 of the Florida Statutes.
- California. In divorce, legal separation and annulment cases, courts may offer the public only registers of actions, calendars and indexes online; the files themselves are viewed at the courthouse, under California Rules of Court, rule 2.503.
- Washington. Family law files are open for inspection and copying, but tax returns, pay stubs, bank statements, health care records and confidential reports such as parenting evaluations are sealed when filed under the cover sheets required by court rule GR 22.
- Utah. Divorce petitions and other pleadings are private, open to the parties and their lawyers; the court’s orders are public, and anyone can see that a case was filed and view its docket, Utah’s courts explain.
- New York. Only the spouses and their lawyers may see or copy the papers, judgment included, unless a court orders otherwise, until 100 years after filing, under Domestic Relations Law § 235. Any person can still apply to the county clerk for a certificate of disposition, which states the outcome without the contents of the case.
State certificates follow their own rules. New York’s health department lists two kinds of eligible applicants for a divorce certificate: either spouse, and people with a New York court order. Virginia’s state divorce records aren’t public until 25 years after the divorce, when they go to the Library of Virginia, under Virginia Code § 32.1-271.
Sealed means off limits. Rules like these exist to protect children, people’s safety and financial details. When a judge seals a file or part of one, treat it as unavailable: don’t look for a way around the order, and leave alone sealed details that surface elsewhere.
How to find divorce records, step by step
- Work out the county. Start with where the spouses lived. North Carolina has couples file with the clerk of court in the county where either spouse lives, and New York’s health department says the decree is usually filed in the county where the plaintiff lived. If you don’t know the county, a state index may show it: the Texas divorce indexes list both names, the date and the county where the decree is filed.
- Search the court’s case index. Many courts let you look up a case number by name online; search under both spouses’ names and any earlier surnames. Our guide to looking up a court case by name explains why a search can miss. The Miami-Dade clerk, for one, lists its civil, family and probate case search among its free online services.
- Ask the clerk for the decree. Give the case number, both names and the documents you want, and say whether you need a certified copy. The Texas State Law Library, for example, sends readers to the district clerk in the county where the divorce was finalized.
- Order a state certificate or verification if you need one. Offices take orders online, by mail or in person, often through an ordering service linked from their own page: Texas uses Texas.gov, while Florida and New York use VitalChek. As listed in October 2026, Texas charges $20 per divorce verification, Florida $5 by mail or in person for a one-year search with one certified copy, North Carolina $24 for each three-year search, including one copy if a record is found, and New York $30 a copy by mail.
- Try the archives for older divorces. Court files move to storage over time; in Los Angeles County, filings from outside central Los Angeles can take five or more years to reach the court’s archives. Some state archives keep files for particular counties and years, as Colorado’s State Archives does, and the Tennessee State Library and Archives has a statewide divorce index for July 1945 through 1970. FamilySearch notes that some of the earliest divorces were granted by state legislatures and that many couples simply separated, leaving no divorce record.
Allow for lag. In Florida, the clerk’s report of a divorce takes approximately 60 days to reach the state, the Florida Department of Health says, so for a newer divorce, go to the county clerk.
Before you contact a clerk or a vital records office, have these ready:
- Both spouses’ full names at the time, including a maiden or earlier surname; the maiden name search guide helps if you don’t know it.
- The county and state where the divorce was filed.
- The year, or the narrowest range you can: Florida charges $2 for each extra year searched when you don’t know the exact year, up to $50.
- The case number, if an online index or old paperwork shows it.
- Which document you need: a plain copy, a certified copy of the decree, or a state certificate.
- How you’re related to the people named; the Texas and Florida request forms ask.
- Identification: Texas wants a copy of a valid photo ID with mail applications, and New York a photo ID or two documents showing your name and address.
How to find out if someone is divorced
A divorce record answers a narrow question: did this court end this marriage, and when? It can’t prove a negative.
An empty search isn’t proof. The divorce may have been granted in another county or state, under a former name, too recently to reach state files, or abroad. A divorce in another country is recorded there: the State Department says copies come from the civil registrar or court in the country where it took place, and whether a US state recognizes it depends on that state’s law.
A filed case isn’t a finished divorce. A petition starts a case; the judgment ends the marriage. In California, the earliest a couple can divorce is six months from the day the other spouse was served or responded, so an open case on a court index shows only that a divorce was asked for.
Legal separation and annulment are different outcomes. A legal separation doesn’t end a marriage, and a legally separated person can’t marry someone else, while an annulment means a judge decided the marriage wasn’t legally valid from the start, California’s courts explain. These cases often share a records office with divorces: Cook County’s Domestic Relations Division holds dissolution, legal separation and “invalidity” records, and the Texas and New York state offices handle annulments alongside divorces.
Worked example. You’re sorting out a late uncle’s papers and need to know whether his first marriage, in Texas in the 1980s, ended in divorce. Open the Texas divorce indexes for the likely years and look for both names. An entry gives the date, the county where the decree is filed and both people’s ages, which helps rule out a namesake. Then ask that county’s district clerk for a copy of the decree, certified if an agency or court needs one. If nothing turns up, Texas DSHS suggests asking the district clerk in the county where the divorce would have been filed; also try the other places he lived.
When you know the name but not the place. Recordwell’s people search lists places connected to a name over time and keeps people who share the name apart, which can point you to the right county court. It can’t tell you whether anyone is married or divorced, and it doesn’t replace the court’s record. Match any case to two independent details first, as the guide to checking that a record belongs to the right person explains; with only a name, start with finding someone by name.
Use what you find with care. Divorce files can hold details about money, health and children, so read only what you need and don’t use a record to contact, embarrass or keep tabs on anyone. Recordwell isn’t a consumer reporting agency, so its reports can’t be used for decisions about someone’s job, housing, credit or insurance.
Common questions about divorce records
Are divorce records public?
Often in part. In many states the court file and the decree are open, with confidential details such as Social Security and account numbers withheld. Some states close more: Utah keeps divorce pleadings private, and New York limits the papers to the spouses and their lawyers, absent a court order, for 100 years.
Can I find divorce records for free?
Sometimes. Searching a court’s online index can cost nothing, as with the Miami-Dade clerk’s family case search, and Texas posts its divorce indexes for download. The Los Angeles Public Library points to a free FamilySearch index of California divorces from 1966 to 1984. Copies cost money.
How do I find out if someone is divorced?
Search the court index in the county where the couple lived when the marriage ended, or ask that state’s vital records office about a certificate or verification. Finding nothing doesn’t prove there was no divorce: it may have been granted in another county, state or country, or under a former name.
What’s the difference between a divorce decree and a divorce certificate?
The decree is the judge’s order that ends the marriage and sets its terms; the court clerk issues certified copies. The certificate is a short state vital record with the names, date and place, and only some states issue one.
Can I get a copy of someone else’s divorce decree?
In many states, yes, if the file is public, though confidential parts are withheld. New York is stricter: only the spouses and their lawyers can get the papers without a court order, but anyone can apply for a certificate of disposition showing the outcome.
Is a legal separation or an annulment the same as a divorce?
No. A legal separation can settle property, support and custody but leaves the couple married. An annulment means a judge decided the marriage was never legally valid. Annulments can appear in state divorce indexes, as in Texas, so confirm which it was in the court’s record.