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This entry was published on 2014-09-22
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SECTION 4139
Certificates of dissolution of marriages to be filed with the department; duties of county clerks in connection therewith
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 3-A
§ 4139. Certificates of dissolution of marriages to be filed with the
department; duties of county clerks in connection therewith. 1. No
interlocutory decree, judgment or order of divorce, annulment, or other
dissolution of marriage shall hereafter be filed or entered in the
office of any county clerk of this state, unless there is submitted
therewith, a certificate of dissolution of marriage on a form
prescribed, printed and furnished by the commissioner. Such form may
contain a confidential section for statistical and research purposes.
Such section shall not be subject to subpoena or to inspection by
persons other than the commissioner or authorized personnel of the
department. The commissioner may, however, pursuant to appropriate rules
assuring that the identity of individuals will not be revealed, approve
the inspection and use of such confidential sections for scientific
purposes.

2. Such certificate shall contain the names and addresses of the
attorneys for the parties thereto, the names, social security numbers
and addresses of the parties to the action, and such other information
as prescribed by the commissioner, including but not limited to such
information as may be requested by the federal agency in charge of vital
statistics.

3. At such times as the commissioner shall direct, the county clerk of
each county shall transmit to the department the certificates of
dissolution of marriage so filed in his office for each case where the
decree became final during the previous months. Such certificates of
dissolution of marriage shall be kept on file and properly indexed by
the department.

4. A certified copy or certified transcript of such certificate may be
furnished to either party to the action by the commissioner. A certified
copy or certified transcript of such certificate may be furnished by the
commissioner to one other than a party to the action, only upon order of
a judge of a court of record, or a judge of a family court, granted upon
application of such other person, with or without notice, upon showing a
proper or judicial necessity therefor, which order and the papers
accompanying same shall be filed by the commissioner and given the
indexed number of the certificate of dissolution to which it relates.
The commissioner shall be deemed to have complied with the applicable
provisions of this subdivision by the issuance of a certified transcript
of the desired certificate instead of a certified copy thereof except
where the requester shall show, to the satisfaction of the commissioner
or his designated representative, a demonstrated need for such certified
copy, or where a court order rendered pursuant to the provisions of this
subdivision contains an express recital or direction therein that the
issuance of a certified transcript of such certificate instead of a
certified copy thereof shall not be considered to be in compliance
therewith.

5. Whenever in his opinion, information as to the dissolution of a
marriage is required for a legal or other proper purpose, the
commissioner may make a search of the files and, if the record of
dissolution of marriage is found, he may furnish to the applicant, in
the form of a certification, the names of the parties to the dissolved
marriage, the name of the county and county seat of such county in which
the decree dissolving the marriage was granted, and the date the decree
was entered.

6. The commissioner shall be entitled to a fee of thirty dollars for
each certification, certified copy or certified transcript of
certificate of dissolution of marriage furnished.

7. For a search of the files where no such certification, certified
copy, or certified transcript is furnished, or for a certification that
a search discloses no record of a dissolution of marriage, the
commissioner shall be entitled to a fee of thirty dollars.

8. Notwithstanding any other provisions of this section, the federal
agency in charge of vital statistics may obtain from the department at a
fee acceptable to the commissioner, information from certificates of
dissolution of marriage for use solely as statistical data without the
order of a justice of the supreme court. For other official purposes,
subject to the provisions of subdivision four of this section,
certifications, certified copies, or certified transcripts of
certificates of dissolution of marriage may be furnished, at a fee
acceptable to the commissioner upon specific request therefor by a
department of the state of New York or of the government of the United
States.