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Divorce Decree

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Debbie Lifschitz debilif@gmail.com

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Jan 16, 2017, 11:01:03 PM1/16/17
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Hi All,

In 1961 or '62 a person in my family who had married in NY, got divorced
probably in Mexico. She then got the divorce validated in NY.

How do I go about find the divorce decree, which her family now needs for
legal reasons?

Any indication of how to find this document would be appreciated. (Not found
on Ancestry)

Debbie Lifschitz
Jerusalem
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Allan Jordan aejordan@aol.com

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Jan 17, 2017, 11:34:34 AM1/17/17
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From: Debbie Lifschitz
> How do I go about find the divorce decree, which her family now needs for
> legal reasons?

Divorce records are private and sealed for 100 years.

The court calendar is public so if you can figure out the court you can see
the very basic details on the court calendar.

In this unique case the family could petition the court for the record but
that has to be done in a formal process documenting the relationship and
explaining why.

In general genealogists can only see the calendar or the files for 100 years
plus -- but due to a recent fire in the records storage some of the old ones
have been lost.

If anyone wants to discuss the process and my results with court calendars
email me.

Allan Jordan

Isabel Cymerman Isabelcym@aol.com

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Jan 18, 2017, 8:32:14 AM1/18/17
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To All,
I succeeded in obtaining divorce records from Manhattan, NY, that were
from 1920-25. I went up to the Ex-Parte room (in the courthouse) and
filled out a form in which I showed that all the parties were since
deceased, no living children, etc. After a short period I was allowed
to view the records - and make copies. So it can be done and it was
not too difficult. Don't know how it is anywhere else.

Isabel Cymerman
Southbury, CT

asparagirl@gmail.com asparagirl@gmail.com

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Jan 19, 2017, 8:46:42 AM1/19/17
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It is true that in New York State, divorce papers and decrees are
sealed for 100 years, which is an unusually long time compared to
other states.

However, New York State divorces granted on or after January 1, 1963
have a second type of record, a divorce *certificate*. It's a basic
statement that person X and person Y were married but now they aren't,
as of such-and-such date and place. And these aren't sealed.

More info here:
https://www.health.ny.gov/vital_records/divorce.htm

(I don't know if this applies to New York *City* divorces as well,
because New York State and New York City are two separate vital
records jurisdictions.)

Also, if your relative ever got married again in New York City (not
State) after her divorce, you should ask for a copy of her three-page
marriage license, affidavit, and application, which is kept by the
City Clerk's Office. The bottom part of that application page gives a
lot of data on whether either party to the new marriage was ever
married before, and if so, what was the date of death of the previous
spouse, or the date of the divorce and where was it served and filed,
etc. It's not as good as having the actual decree, because the city
didn't always check to see if the would-be spouse was telling the
truth. (For example, my great-great-grandmother Julia once
understated by 100% the number of previous dead husbands she had, on
this same form.) But it is a government document too, and maybe it
could be admissible as evidence?

New York City marriage records that are more than fifty years old
(i.e. pre-1967) are open to the public. For records newer than than,
one of the spouses or his/her legal representative must request it.
But if both parties to a post-1967 marriage are deceased *and* you
have copies of their death certificates, you may be able to get it
even if you're not the next of kin. Check with the New York City
Clerk's Office, preferably in person or by hiring a researcher, since
the city government is neither fast nor fun to deal with by mail.

- Brooke Schreier Ganz
Mill Valley, California
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