What is a Judgment of Divorce?
01
It is the court order, signed by a New York Supreme Court justice, which legally ends your marriage and sets the binding terms of the divorce - property division, spousal maintenance, child custody, parenting time, and child support. In uncontested cases it is prepared on the court's UD-11 form.
Is a Judgment of Divorce the same thing as a divorce decree?
02
Yes. "Divorce decree" is simply what other states call the final divorce order. If a form, agency, or lender asks for your divorce decree and you divorced in New York, give them your Judgment of Divorce. Don't overthink it.
When am I officially divorced in New York?
03
On the date the signed judgment is entered by the County Clerk - not the date the judge signs it, and not the date you settled. Entry is the moment the marriage legally ends, and you are free to remarry from that date.
How do I get a copy of my Judgment of Divorce in NYC?
04
From the County Clerk of the county where the divorce was filed. You will need photo ID, both names as filed, and ideally the index number or the filing year. In New York County, certification costs $8 plus per-page copy fees. Or have us do it - we retrieve certified copies in all five boroughs and all 62 New York counties.
Who is allowed to get a copy of a divorce judgment?
05
Only the parties and their attorneys of record. Domestic Relations Law §235 seals New York matrimonial files from everyone else for 100 years unless a judge orders access. As your attorneys, we can obtain the file when a records service or a family member cannot.
How long does it take a judge to sign a Judgment of Divorce?
06
In an uncontested case, typically six weeks to several months after the final packet is submitted, depending on the county backlog. The biggest avoidable delay is defective paperwork - a bounced packet goes to the back of the line after correction. We submit packets that get signed the first time.
What is the difference between a Judgment of Divorce and a divorce certificate?
07
The judgment is the multi-page court order that contains and enforces every term of your divorce. The certificate is a one-page vital record proving the divorce occurred - names, date, and place, nothing more. Courts, USCIS, lenders, and pension plans generally want the judgment.
I lost my Judgment of Divorce. What do I do?
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Nothing is actually lost - the original remains in the County Clerk's file permanently. We pull a fresh certified copy, including from decades-old archived and microfilmed files where you no longer remember the index number.
There is a mistake in my judgment. Can it be fixed?
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Yes. Clerical and ministerial errors - misspelled names, swapped information, terms that don't match your agreement - get corrected through resettlement or an amended judgment. On consent by stipulation when your ex cooperates, by motion when they don't.
Can a Judgment of Divorce be changed after it is final?
10
Support and custody provisions can be modified if there has been a substantial change in circumstances. Equitable distribution - the property division - is essentially final and cannot be reopened absent extraordinary grounds like fraud. Know which fight you're in before you start it.
What can I do if my ex-spouse ignores the judgment?
11
The judgment is enforceable by contempt proceedings, money judgments with interest, income execution against wages, license suspension, and court-directed execution of deeds and QDROs. Enforcement motions are filed in the Supreme Court that issued the judgment. Regardless of what your ex is ignoring - we can help you.
Do I need my Judgment of Divorce for immigration?
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Almost certainly. USCIS requires proof that all prior marriages legally ended for green card, naturalization, and fiancé(e) petitions - and it wants the court-issued document. We obtain certified copies suitable for immigration filings.
Does the judgment restore my former name?
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It can, and it should - the judgment may include a paragraph authorizing either spouse to resume a former surname. That paragraph is what Social Security, the DMV, and the passport agency rely on. If yours is missing it, we can fix that too.
Can I appeal a Judgment of Divorce?
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Contested rulings can be appealed to the Appellate Division, but the notice of appeal is generally due within 30 days of being served with the judgment and Notice of Entry. The appeal does not un-divorce you - the marriage still ended at entry. If your window is open, call us today.