What are Texas Divorce Records?

In Texas, divorce, or dissolution of marriage, occurs when two people decide to end their marriage. According to the United States Census Bureau, the Texas divorce rate, including annulment of marriage, is 8.4 in every 1,000 women above the age of 15. This rate is 100 basis points higher than the U.S. divorce rate, which is 7.7.

There are seven grounds for divorce in Texas, six of which assign fault to one of the spouses. Insupportability is the only ground that does not assign fault. Insupportability is when the two spouses have irreconcilable differences that make it difficult for their marriage to continue. The six other grounds include:

• Cruelty
• Adultery
• A felony conviction
• Abandonment
• Living apart
• Insanity

In Texas, divorce may sometimes be a complicated process. It is considered a family law matter, and if settled in court, it will occur in the family court. The divorce documents are held in the county clerk’s office and maintained by the Texas Department of Health and Human Services (HHS). The HHS offers a list of county clerks, registrars, and local record issuers on their records website. The documents are held in the specific establishment where they were created. On average, it takes around six months for a divorce in Texas to be finalized. However, some cases are finalized within 60 days.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

Are Divorce Records Public in Texas?

Divorce records are considered public records because government bodies create them. These records are made available in accordance with the Public Information Act, Texas Government Code 552. Although divorce records are legally considered public information, locating and accessing them may be challenging, as some documents may only be made available to the parties involved. However, the public may obtain these documents with valid identification, information, and fees.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

What are the types of Divorce Records available in Texas?

In Texas, there are three types of divorce records: certificates, decrees, and records.

A divorce certificate is the most commonly requested record and also contains the least detailed information. This certificate states the names of the divorced parties, where the divorce took place, and when it was finalized. Often, one of the divorced parties will request this record if they wish to change their name or apply for a new marriage certificate. Usually, only the parties involved may access divorce certificates.

A Divorce decree contains a bit more detailed information. It is often requested when one of the parties wishes to contest the information within it, such as insurance, debt, property, child support, and custody agreements. Under certain circumstances, the state may allow this record to be viewed, but it is typically only made available to the parties involved.

A divorce record is the most detailed record of a divorce case and is essentially the case file for a divorce. This record includes everything that is held in divorce certificates and divorce decrees, as well as any file or document generated throughout the divorce process.

Types of Divorce in Texas

Texas has four types of divorce: uncontested, mediated, collaborative law, and litigated. An uncontested divorce is amicable and happens when both parties decide they no longer wish to be married. This type of divorce can usually be finalized quickly. Mediated divorce is when an attorney in a neutral position helps the parties negotiate the terms of the divorce, and mutual decisions are made.

A collaborative law divorce is similar to a mediated divorce, except that each party has their own attorney, and a neutral attorney and other neutral experts guide the process. Litigated divorce happens when one spouse files a divorce petition, and the other spouse is served with the lawsuit. Then there are court hearings and a trial, where both parties are represented by their own attorney to figure out the best way to settle matters such as property division, child custody, and alimony.

How Do I Get Divorce Records in Texas?

Texas divorce records may be obtained in person, via mail, or online. To receive these documents in person or by mail, it is necessary to know the specific facility where the divorce was finalized because that is where the records are maintained. Texas also has a statewide online portal for accessing public records.

In-person

The cost of requesting access to divorce records in person is $20, although it may vary depending on the county and the district. Depending on the custodian, this fee may be paid using cash, credit or debit card, check, or money order. To find the nearest location to obtain a copy of the divorce record, go to the HHS records website, find the option for “Marriage and Divorce Records”, select the appropriate county range, and search. This search tool will provide the user with a list of all county and district clerks who may fulfill a request for these records.

By mail

To access divorce records by mail in Texas, print and fill out an application form. With this form, the requesting party must include a photocopy of valid identification, such as a driver’s license, state ID, or passport. There is a $20 verification fee plus a $5 processing fee. The delivery fee is $8 unless the documents are to be delivered to a P.O. Box or by express mail. Payments for these records by mail are typically made by check or money order made payable to “DSHS Vital Statistics”. Mail all the above items to:

DSHS Vital Statistics
P.O. Box 12040
Austin, TX 78711–2040

Online

Texas offers a statewide online portal for accessing divorce and other vital records from 1968 to the present. Generally, requesting a record through the vital records portal ranges from $20 per copy and may be paid using a credit or debit card. It is important to note that the fee is non-refundable even if the records are not found.

Once an order is processed, which takes around 20 days, the documents will be shipped. The more details the requesting party provides, the easier it is for clerks to find the documents. Information that may aid in the search for these documents includes:

• The full name of one or both of the divorced parties
• The date that the divorce was finalized
• City or county where the divorce was finalized
• Date of birth of one or both of the parties
• The age of one or both of the parties when the marriage took place

While divorce and marriage records may be searched through government sources and organizations, the availability of these documents cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored; therefore, record availability may vary further. Also note that marriage and divorce records are considered extremely private due to the information the documents contain, and are often sealed. Hence, bearing in mind that these factors determine the availability of any marriage or divorce record.

Who Can Obtain Divorce Records in Texas?

Divorce records are accessible to the public once all the correct information is provided. Generally, divorce certificates and decrees are only available to the parties involved in the divorce, their attorneys, and other officials involved in the divorce proceedings.

Are Texas Divorce Records available online?

Yes, Texas divorce records are available online through a statewide online portal. Larger counties in the state also offer their own online portals, although prices to complete a request may vary.

How Do I Seal My Divorce Records in Texas?

To seal a family law record, such as divorce records, both parties must submit a written request in accordance with Texas Rules of Civil Procedure 76(a). The written request must state why the material should not be available to the public. Once the requests are submitted, the judge will determine whether or not to seal the documents or keep them public.

The most common reasons for a judge to seal a divorce record are to protect victims of domestic violence or abuse, protect private property information, protect the identity of children or minors, and prevent false allegations by one of the parties in the future.