Are Bexar County Divorce Records Public?

In Bexar County, TX, the authenticity and legal status of an individual’s prior marriage is sometimes a concern for third parties. Mindful of this, the government enacted the Public Information Act (Texas Government Code 552), mandating public accessibility to government records, including divorce records.

However, since divorce records are maintained by the district court, judicial rules and procedures also govern their accessibility. The courts have always maintained that the availability of a divorce record depends on the document's nature and the requester’s relationship to the case. This is because some records may contain information deemed too sensitive under state law for public disclosure. In such instances, sensitive information can be redacted or the entire record sealed pursuant to a court order to protect individuals from potential irreparable harm resulting from the disclosure.

While Bexar County divorce records are generally accessible to the public, specific protections safeguard sensitive information and privacy when necessary.

Who Can Access Bexar County Public Records?

In Bexar County, divorce records are organized into two main categories: verification of divorce and certified copies of divorce decrees or certificates. Divorce verification serves to authenticate that the divorce actually took place, while certified copies of divorce records hold legal significance that makes them admissible in official situations such as court proceedings and proof of eligibility to remarry.

Consequently, while divorce verification is accessible to just about anyone, only the following individuals have the legitimate right to obtain certified copies of divorce records:

• The divorcees
• Their attorneys, and
• Government personnel

Individuals who do not fall within these categories cannot obtain certified copies of a divorce certificate or decree.

Do I Need to State My Purpose and Use When Requesting Divorce Records in Bexar County?

According to Rule 12.6 (g) of the Texas Rules of Judicial Administration, when requesting divorce records in Bexar, requesters do not need to state the purpose for requesting the record. The only requirement is that the request be made in writing and sufficient information be included to reasonably identify the requested record. In addition, the record custodian may ask questions to confirm the identity of the requestor or to better understand what they are asking for.

Individuals may seek divorce records for various reasons, including changing their name, proving eligibility to remarry, conducting genealogical research, and for personal interest.

How do you Request Divorce Records in Bexar County?

To request divorce records, applying to the legal custodian of the record is essential. That said, the Vital Statistics section of the Texas Department of State Health Services (DSHS) maintains public indexes of all state divorces since 1968. As such, the department is legally authorized to issue letters verifying whether a divorce was recorded in Bexar. To request a record from DSHS, follow these steps:

• Before ordering, check the public indexes to confirm that the year of divorce is available for verification.
• If available, proceed to download the Mail Application for Divorce Record Form.
• Complete the form and mail it to:

Texas Vital Statistics
Department of State Health Services
P.O. Box 12040
Austin, TX 78711-2040

If unable to order via mail, order in person at the Vital Statistics headquarters in Austin:

Central Campus Map
1100 West 49th Street Austin, Texas
(512) 776-7111

While Vital Statistics can issue divorce verification letters, certified copies of divorce decrees and certificates—along with records of divorces prior to 1968—are only available from the Bexar County District Clerk’s office, where the divorce must have been originally filed.

The District Clerk serves as the official custodian of divorce records in Bexar County, maintaining the originals of these records and providing certified copies upon request. According to rule 12 of the Texas Rules of Judicial Administration, a request must be made in writing and should include sufficient information to reasonably describe the record. This includes:

• The first and last name
• Contact information (mailing address, phone number, or email)
• A specific description of the information or documents requested
• Any information that will help identify the records, including names, types of records, dates, and case numbers.

Once completed, requesters can either mail the request or submit the request in person at:

Civil Records
Paul Elizondo Tower
101 W. Nueva St, San Antonio, TX, 78205
(210) 335-2661

What Information is Included in a Bexar County Divorce Record?

The type of information found in a divorce record typically depends on the nature of the record.

• Divorce Verification Letter: This document includes the names of both spouses, divorce date, and place of divorce.
• Divorce Certificate: This serves as proof of the divorce and provides information such as the names of the divorces, the location of the court where the divorce was filed and finalized, and the date of finalization.
• Divorce Decree: Often more detailed than a divorce certificate, a divorce decree signifies that the divorce has taken effect and that all terms relating to asset division, child custody, support arrangements, and alimony have become binding on the parties. These terms are typically detailed within the document.

Complete Divorce Record: This document includes filings and communications related to the divorce proceedings. It contains all information about divorce, from filing to the final decree.

Divorce Indexes: These are compilations of the records sent to the Vital Statistics Services (VSS) from the District Clerk’s Office. They serve as a platform to confirm whether a divorce occurred and whether a verification letter can be issued. Although not comprehensive, indexes contain the following information:

• File number
• Names of both people
• The ages of both people
• Marriage date
• Place of marriage (Marriage Index Only)
• Number of children under 18
• Date marriage was dissolved
• County name and code where decree is filed

Divorce documents sometimes contain sensitive information, such as details about minors, bank account numbers, or personal identifying information (like Social Security numbers). In these cases, this sensitive information can be redacted from the divorce record upon the request of a divorcee while still allowing access to the rest of the document. In rare circumstances, an entire record may be sealed pursuant to a court order to protect an individual from potential irreparable harm resulting from the disclosure.

Fees for Accessing Bexar County Divorce Records

For regular processing of verification letter orders, the dept charges $20 per verification and an additional $5 for expedited processing. For in-person orders, payment made by credit card requires a $2.25 processing fee. The fees are non-refundable, even if the record is not found or is identified incorrectly.

A custodian may reduce or waive the charge for a copy if providing the copy of the record primarily benefits the general public or the cost of processing collection of a charge will exceed the amount of the charge.

How Long Does It Take to Obtain Divorce Records in Bexar County?

When a walk-in request is not feasible, and there is an urgent need for a divorce record, individuals can expedite the mail request process by using an overnight mail service (such as FEDEX, LoneStar, or UPS). The order should be sent to:

Department of State Health Services
1100 W. 49th Street
Austin, TX 78756

Note that the estimated time for an expedited process is 20 - 25 business days, while regular processing may take longer. The processing time begins when the department receives the order.

For in-person requests at the DSHS Austin headquarters, records are usually provided on the same day. However, due to the volume of requests or the complexity of the records, some applications require 24 hours or more to process.

For individuals requesting divorce records directly from the District Clerk, the record processing timeline is usually 14 days.

Can I Request Divorce Records Online in Bexar County?

Given the significant convenience they provide, the online platforms maintained by the DSHS and the District Clerk’s Office should be the preferred starting point when seeking divorce records in Bexar County. Through the order records application, DSHS allows users to order divorce verification letters from the comfort of their homes using their phones or computers.

To obtain verification letters through this platform, a requester will need to log into the application and provide details such as:

• The date of the divorce
• The requester’s personal information, including their name (in the first, middle, and last name format)
• Place of birth
• The last four digits of their social security number
• Driver’s license or state ID number
• Audit number
• Address, and
• Zip code

The District Clerk’s Office also offers online convenience through the Bexar County Justice Portal, where requesters can search for divorce records using unique identifiers such as names or case numbers. To access divorce records through the portal, follow these steps:

• Visit the Bexar County Justice Portal.
• Click on “Smart Search”.
• Enter the record number or name in the format: last name, first name, middle name, and suffix. (The name can be a defendant, plaintiff, attorney, judge, company name, etc.)
• Confirm you are not a robot by clicking on the appropriate button.
• Click on “submit” to query the database.

Third-party sites like Texascourtrecords.us may serve as a useful alternative for accessing county divorce records. Due to their user-friendly interface and the convenience they provide, record seekers sometimes make them their go-to source for court records. However, these sites are not government-affiliated and typically have no connection with any government agency. Accuracy cannot be guaranteed.

Are There Any Exceptions to Accessing Bexar County Divorce Records?

According to rule 12.5 of the Texas Rules of Judicial Administration, a requester will not be allowed to inspect divorce records considered confidential or exempt from disclosure by law or court order.

However, denied requesters can appeal the denial by filing a petition for review with the Administrative Director of the Office of Court Administration. The petition for review must include:

• A copy of the request to the record custodian and the custodian's notice of denial
• Supporting facts, arguments, and authorities

The petition must be filed within 30 days after the petitioner receives notice of a denial of access to the judicial record.