Cattaraugus County Public Records /Cattaraugus County Divorce Records

Cattaraugus County Divorce Records

What Are Cattaraugus County Divorce Records?

Divorce records in Cattaraugus County are official legal documents that provide evidence of the dissolution of a marriage within the county's jurisdiction. These records are maintained pursuant to New York Domestic Relations Law § 236, which governs matrimonial actions including divorce proceedings. Divorce records typically consist of various court filings, judgments, and certificates that document the legal termination of a marriage.

The New York State Unified Court System maintains divorce records through the Cattaraugus County Supreme Court, as divorces in New York State are handled exclusively by the Supreme Court despite its name suggesting otherwise. These records serve multiple important functions:

Legal proof of marital status change
Documentation required for remarriage
Evidence for name change processes
Verification for Social Security benefits claims
Supporting documentation for loan applications
Required evidence for immigration matters
Historical and genealogical research purposes

Divorce records in Cattaraugus County are categorized into two main types:

Court case files containing pleadings, motions, and judgments
Divorce certificates that officially summarize the dissolution

These records contain sensitive personal information and are subject to specific access regulations under New York State law.

Are Cattaraugus County Divorce Records Public?

Cattaraugus County divorce records have a nuanced public access status governed by New York Public Officers Law § 87, also known as the Freedom of Information Law (FOIL), and specific provisions of the Domestic Relations Law. The accessibility of these records follows a two-tier system:

Court divorce case files are generally considered public records with significant exceptions:

Financial affidavits and statements are sealed by default
Records containing information about minor children have restricted access
Cases involving domestic violence may be partially or fully sealed
Records containing sensitive medical or mental health information are protected
Social Security numbers and other personal identifiers are redacted

Certified divorce certificates and divorce decrees have restricted access limited to:

The parties directly involved in the divorce
Attorneys of record with proper authorization
Individuals with a New York State court order
Certain government agencies with statutory authority

Members of the public seeking divorce records must demonstrate legitimate interest and may only receive redacted versions of publicly available documents. The Cattaraugus County Supreme Court maintains these records in accordance with state confidentiality laws to balance transparency with privacy protection.

How To Find a Divorce Record In Cattaraugus County in 2026

Members of the public seeking divorce records in Cattaraugus County may utilize several official channels to locate these documents. The primary repositories for divorce records are:

Cattaraugus County Clerk's Office
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Clerk's Office

New York State Department of Health
Vital Records Section
P.O. Box 2602
Albany, NY 12220-2602
(855) 322-1022
NYS Department of Health

To obtain divorce records, requesters must follow these steps:

Determine the appropriate office based on the record type needed (court documents vs. certificate)
Complete the applicable request form with the following information:
- Full names of both parties (including maiden name if applicable)
- Date of divorce (approximate if exact date unknown)
- Place where divorce was granted
- Case number (if known)
Provide acceptable identification (government-issued photo ID)
Submit required fees:
- County Clerk's Office: $5-30 depending on document type and certification
- NYS Department of Health: $30-45 per certified copy
Submit request in person, by mail, or through authorized online services

For divorce records from 1963 to present, the New York State Department of Health maintains a statewide index. For records prior to 1963, requesters must contact the County Clerk's Office directly. Processing times typically range from 2-15 business days depending on the method of request and current processing volumes.

How To Look Up Divorce Records in Cattaraugus County Online?

Cattaraugus County offers limited online access to divorce record information through several digital platforms. The New York State Unified Court System provides the primary online resource for divorce case information. Online searches are subject to the following parameters:

New York State Unified Court System WebCrims/WebFamily Portal
NYS Courts Electronic Filing System

This system allows users to:

Search basic case information by party name or index number
View case status and appearance dates
Access limited docket information
Determine filing dates and judgment information

The online search process requires:

Creating a user account on the NYS Courts Electronic Filing System
Selecting "Supreme Court" as the court type
Choosing "Cattaraugus County" as the jurisdiction
Entering known party information (at minimum, last name and first initial)
Reviewing search results for matching cases

Important limitations of online searches include:

Full document images are not available online to the general public
Financial information and sensitive personal details are redacted
Cases with sealed components may not appear in search results
Records prior to 2000 may have limited online availability
Certified copies cannot be obtained through the online system

For comprehensive divorce record searches, particularly for older records or complete file access, in-person visits to the Cattaraugus County Clerk's Office remain necessary. The online system primarily serves as an index to identify existing records rather than a complete repository of divorce documentation.

How To Find Divorce Records for Free In Cattaraugus County?

Members of the public seeking no-cost access to divorce records in Cattaraugus County have several options available, though these methods typically provide limited information compared to paid official copies. Free access options include:

Cattaraugus County Supreme Court Clerk's Office
303 Court Street
Little Valley, NY 14755
(716) 938-9130
Cattaraugus County Court System

At this location, individuals may:

Review public divorce case indexes at no charge
Examine non-sealed court files on-site without copying fees
Access public terminals for basic case information lookup
Request assistance from court clerks for locating specific cases

Cattaraugus County Law Library
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Law Library

The law library provides:

Free access to legal research databases
Assistance with locating publicly available court records
Reference materials regarding divorce proceedings
Public computer terminals for online case searches

When utilizing these free resources, requesters should note:

Valid photo identification is required for on-site access
Records may only be viewed during regular business hours (typically 9:00 AM - 5:00 PM, Monday through Friday)
While viewing is free, any copies requested will incur standard fees ($0.25-$1.00 per page)
Staff assistance is limited and subject to availability
Sealed or confidential portions of divorce files remain inaccessible

For genealogical research purposes, the Cattaraugus County Historical Society may provide limited access to historical divorce records that have become public domain, typically those older than 100 years.

What's Included in a Divorce Records In Cattaraugus County

Divorce records in Cattaraugus County comprise a comprehensive collection of documents that chronicle the legal dissolution of marriage. These records typically contain several distinct components, each serving specific legal and administrative purposes:

Divorce Certificate/Abstract

Names of both parties to the divorce
Date and place of marriage
Date the divorce was finalized
Case number assigned by the court
County where divorce was granted
Legal grounds for divorce

Divorce Decree/Judgment

Court's final determination dissolving the marriage
Judge's signature and official court seal
Specific findings of fact supporting the judgment
Date when divorce becomes legally effective
Reference to any settlement agreements incorporated

Divorce Case File

Initial divorce petition or complaint
Summons and proof of service documents
Response or answer from the defendant spouse
Financial disclosure statements (typically sealed)
Affidavits and sworn statements
Motions filed by either party
Court orders issued during proceedings
Transcripts of hearings (if applicable)
Settlement agreements regarding:
- Division of marital property and debts
- Spousal maintenance/alimony arrangements
- Child custody and visitation schedules
- Child support calculations and obligations
- Insurance and benefit allocations

The content of divorce records is governed by New York Domestic Relations Law § 170, which establishes the grounds for divorce in New York State. Since New York adopted no-fault divorce in 2010, many recent records cite "irretrievable breakdown of the marriage" as the legal basis for dissolution.

Certain sensitive information is typically redacted or sealed within these records, including:

Social Security numbers
Financial account details
Minor children's identifying information
Victims' information in cases involving domestic violence
Medical and mental health records

How To Get Proof of Divorce In Cattaraugus County?

Individuals requiring official proof of divorce in Cattaraugus County must obtain a certified copy of their divorce decree or certificate through authorized government channels. These documents serve as legal evidence of marital dissolution for various purposes including remarriage, name changes, and benefits applications.

Cattaraugus County Clerk's Office
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Clerk's Office

To obtain certified proof of divorce, requesters must:

Submit a completed application form specifying:
- Full names of both parties (including maiden name if applicable)
- Date of divorce (approximate if exact date unknown)
- Place where divorce was granted
- Case/index number (if known)
- Reason for requesting the record
Provide proper identification:
- Government-issued photo ID (driver's license, passport, etc.)
- For third-party requests, documentation establishing legal right to access
Pay the required fees:
- $10 for a certified copy of the divorce certificate
- $30 for a certified copy of the divorce decree
- Additional fees may apply for expedited processing

For divorces finalized after January 1, 1963, requesters may alternatively contact:

New York State Department of Health
Vital Records Certification Unit
P.O. Box 2602
Albany, NY 12220-2602
(855) 322-1022
NYS Vital Records

The state office charges $30 per certified copy and requires:

A completed application form DOH-4382
Copy of valid photo identification
Appropriate fee payment

Processing times vary by method:

In-person requests at the County Clerk's Office: Same day to 3 business days
Mail requests to County Clerk: 5-10 business days
State Department of Health requests: 10-15 business days

Expedited processing is available for urgent needs with additional fees. All certified copies bear an official seal and signature, making them acceptable for legal purposes pursuant to New York Civil Practice Law and Rules § 4540 regarding authentication of official records.

Can a Divorce Be Confidential In Cattaraugus County?

Divorce proceedings in Cattaraugus County may be subject to various confidentiality protections under New York State law. While complete confidentiality of an entire divorce case is rare, specific components of divorce records can be sealed or redacted to protect sensitive information. The legal framework for confidentiality in divorce cases is established by New York Judiciary Law § 4 and relevant case law.

Circumstances under which divorce records may be partially or fully confidential include:

Automatic Sealing: Certain documents are automatically protected without requiring a motion:
- Financial disclosure affidavits and net worth statements
- Records containing children's identifying information
- Medical and mental health records
- Social Security numbers and financial account details
Court-Ordered Sealing: Parties may petition the court to seal additional records when:
- Disclosure would risk personal safety (domestic violence cases)
- Trade secrets or confidential business information is involved
- Publication would cause undue harm to minor children
- Sensitive matters involving public figures or notable individuals
- Information could facilitate identity theft or financial fraud

The procedure for requesting confidentiality requires:

Filing a motion to seal with the Cattaraugus County Supreme Court
Demonstrating compelling reasons that outweigh the presumption of public access
Specifying which documents or information should be protected
Obtaining a judicial order explicitly sealing the designated records

Even when records are sealed, certain entities retain access rights:

Parties to the divorce and their legal representatives
Law enforcement agencies with proper authorization
Government agencies administering child support enforcement
Court personnel with legitimate administrative needs

The court balances privacy interests against the public's right to access judicial records, typically favoring the narrowest confidentiality protections necessary to address legitimate concerns. Complete sealing of an entire divorce case file occurs only in exceptional circumstances where compelling privacy interests substantially outweigh public access considerations.

How Long Does a Divorce Take In Cattaraugus County?

The duration of divorce proceedings in Cattaraugus County varies significantly based on multiple factors related to case complexity, court caseloads, and the level of agreement between parties. The timeline for divorce completion is influenced by statutory requirements and practical considerations within the New York State court system.

Uncontested Divorces When both parties agree on all issues, the process typically takes:

Minimum waiting period: 40-60 days from filing to finalization
Average completion time: 3-6 months
Key factors affecting timeline:
- Accuracy and completeness of initial paperwork
- Court processing backlogs
- Judge's review schedule
- Statutory waiting periods

Contested Divorces When disputes exist regarding property, support, or custody:

Minimum duration: 6 months
Average completion time: 9-18 months
Complex cases: May extend 2+ years
Timeline determinants:
- Number and complexity of disputed issues
- Court calendar congestion
- Discovery process duration
- Need for expert witnesses or evaluations
- Settlement negotiation progress
- Trial scheduling if settlement fails

According to the New York State Unified Court System, the average contested divorce in upstate counties like Cattaraugus takes approximately 12 months from filing to judgment. Specific procedural milestones include:

Filing and service: 1-2 months
Preliminary conference: Scheduled within 45 days of request for judicial intervention
Discovery phase: 2-6 months depending on complexity
Pre-trial conference: Typically 30-60 days after discovery completion
Trial (if necessary): 1-3 days for standard cases, longer for complex matters
Post-trial submissions: 30-60 days
Judgment preparation and entry: 30-60 days after decision

The COVID-19 pandemic created significant backlogs in the court system that continue to affect processing times. Parties seeking expedited resolution are encouraged to utilize alternative dispute resolution methods such as mediation or collaborative divorce, which can substantially reduce timeframes while maintaining legal compliance.

How Long Does Cattaraugus County Keep Divorce Records?

Cattaraugus County maintains divorce records according to a structured retention schedule established under New York Arts and Cultural Affairs Law § 57.25 and implemented through the New York State Archives' Records Retention and Disposition Schedule. These schedules ensure proper preservation of important legal documents while managing storage resources effectively.

Divorce records retention periods vary by document type:

Permanent Retention

Final Judgments of Divorce
Divorce Decrees
Official court indices and dockets
Orders affecting real property rights
Records with significant historical value

Extended Retention (25+ Years)

Case files containing custody determinations
Support and maintenance orders
Property settlement agreements
Records involving pension or retirement benefits

Standard Retention (10-25 Years)

General contested divorce case files without special circumstances
Temporary orders and interim decisions
Procedural motions and routine filings
Financial disclosure documents

Limited Retention (1-10 Years)

Administrative correspondence
Scheduling notices
Duplicate copies of filed documents
Withdrawn or dismissed petitions

The Cattaraugus County Clerk's Office serves as the official repository for divorce records, maintaining them in various formats:

Pre-1950 records: Primarily paper format, some microfilmed
1950-2000 records: Microfilm and paper hybrid systems
Post-2000 records: Increasingly electronic with paper backups

For research purposes, it's important to note that while the records themselves are retained according to these schedules, their accessibility may change over time. Records initially sealed or restricted may become more accessible after statutory confidentiality periods expire, typically 100 years after creation.

The New York State Department of Health maintains a centralized index of all divorces granted in New York State since January 1, 1963. This index is permanent and provides basic verification of divorce status even when detailed court records may no longer be readily accessible.

How To Get a Divorce In Cattaraugus County

Individuals seeking to dissolve a marriage in Cattaraugus County must follow specific procedures established under New York Domestic Relations Law. The divorce process involves several distinct steps that must be completed in sequence to obtain a legal judgment of divorce.

Residency Requirements Before filing, at least one spouse must satisfy New York's residency requirements under Domestic Relations Law § 230:

Both spouses are residents and the grounds occurred in New York; or
One spouse has resided in New York for at least 2 years before filing; or
One spouse has resided in New York for at least 1 year if the couple was married in New York, previously resided in New York, or the grounds occurred in New York

Filing Location Divorce actions must be filed with:

Cattaraugus County Supreme Court
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Court System

Process Steps

Preparation of Documents
- Summons with Notice or Summons and Complaint
- Notice of Automatic Orders
- Notice Concerning Continuation of Health Care Coverage
- Affidavit of Service (once completed)
- Additional forms based on specific circumstances
Filing and Service
- File documents with County Clerk and pay filing fee ($210)
- Serve papers on spouse according to legal requirements
- File proof of service with the court
Response Period
- Defendant has 20-30 days to respond (depending on service method)
- Case proceeds as contested or uncontested based on response
Uncontested Path
- Submit additional forms including:
  - Affidavit of Defendant (if consenting)
  - Affidavit of Plaintiff
  - Note of Issue
  - Findings of Fact/Conclusions of Law
  - Judgment of Divorce
  - Certificate of Dissolution
Contested Path
- Request for Judicial Intervention filing
- Preliminary conference scheduling
- Financial disclosure exchange
- Settlement negotiations or mediation
- Trial preparation if settlement fails
- Court hearings and trial
- Post-trial submissions
Judgment Phase
- Preparation of final judgment documents
- Judicial review and signature
- Filing of signed judgment with County Clerk
- Distribution of certified copies to parties

Fee waivers are available for individuals who demonstrate financial hardship through an application for poor person status. Legal assistance resources include:

Legal Aid of Western New York
Olean Office
132 North Union Street
Olean, NY 14760
(716) 373-4701
Legal Aid of Western NY

How To Get Divorce Papers In Cattaraugus County

Individuals initiating divorce proceedings in Cattaraugus County must obtain the appropriate legal forms to properly file their case. Several methods exist for acquiring these essential documents, with options varying in cost and convenience.

Cattaraugus County Supreme Court
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Court System

The court provides:

Basic uncontested divorce packet (available at no charge)
Individual forms as needed for specific circumstances
Limited procedural guidance (not legal advice)
Reference materials explaining form requirements

New York State Unified Court System Website
NYS Divorce Resources

This official online resource offers:

Downloadable PDF forms for various divorce situations
Detailed instructions for form completion
Informational booklets explaining the divorce process
Checklists to ensure all required documents are included
Forms in multiple languages for accessibility

Cattaraugus County Law Library
303 Court Street
Little Valley, NY 14755
(716) 938-9111
Cattaraugus County Law Library

The law library provides:

Access to legal reference materials
Sample forms and templates
Computer terminals for accessing online resources
Photocopying services for a nominal fee
Research assistance from library staff

Required forms vary based on case circumstances but typically include:

Basic Required Forms

Summons with Notice (Form UD-1) or Summons and Complaint
Notice of Automatic Orders
Notice Concerning Continuation of Health Care Coverage
Affidavit of Service

Additional Forms for Uncontested Cases

Affidavit of Defendant (Form UD-7)
Affidavit of Plaintiff (Form UD-6)
Note of Issue (Form UD-9)
Findings of Fact/Conclusions of Law (Form UD-10)
Judgment of Divorce (Form UD-11)
Part 130 Certification (Form UD-12)
Certificate of Dissolution

Supplemental Forms as Needed

Child Support Worksheet (Form UD-8)
Qualified Medical Child Support Order
Request for Judicial Intervention (RJI)
Notice of Entry
Poor Person Order (for fee waiver requests)

Individuals with complex situations or those uncomfortable with legal procedures may benefit from consulting with an attorney. The New York State Bar Association Lawyer Referral Service can provide referrals to attorneys who offer initial consultations at reduced rates.

Lookup Divorce Records in Cattaraugus County

Clerk's Office | Cattaraugus County Website

Cattaraugus County Court System | Cattaraugus County Website