Are Hays County Divorce Records Public?

Yes, Hays County divorce records are mostly accessible to the public. The Texas Public Information Act allows the public to inspect or obtain records from government entities. In turn, these entities must maintain options through which the public can get records. Note that the entities will only disclose records to requestors that meet the legal requirement.

However, the state law prevents public access to certain divorce information in Hays County. Such information, if disclosed, may violate the privacy and safety of concerned parties. For example, child custody arrangements and personal information on minors are mostly exempt from publicly accessible divorce records. Case parties may also file a motion with the court to seal information that is typically publicly accessible. The court will post a public notice upon receiving the motion.

Who Can Access Hays County Public Records?

Per Texas laws, all persons or entities have the legal right to access public records in Hays County. The state law does not restrict public record access based on the requestor’s location. To access most public records in Hays County, requesters are generally required to provide information about the requested document.

Nevertheless, record custodians may deny access to some divorce records due to privacy or safety reasons. Only legally eligible parties have the right to access restricted divorce information. Per state law, restricted public records are accessible to legally eligible parties like record subjects, immediate family relations, legal representatives, and government entities.

To obtain confidential public records, eligible parties must provide a valid identification or a proof of relationship document to the custodian agency.

In contrast, third-party inquirers seeking to access restricted records may present one of the following documents:

• A court order that authorizes them to obtain the record
• A signed or notarized letter of consent or authorization from the record subject.

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

No, it is not compulsory for requesters to state their reasons for requesting divorce records in Hays County. To view divorce records, inquirers only need to provide divorce record information to the agency responsible for maintaining the record. The agencies may request a valid ID before disclosing confidential divorce information.

How do you Request Divorce Records in Hays County?

Interested parties can request Hays County divorce records by following these steps:

1. Determine the agency holding the record
   In Hays County, the district clerk’s office is the official record keeper of divorce case files and decrees. Conversely, you can find divorce verification records at the Texas Department of State and Health Services (TxDSHS).
2. Choose a convenient option for accessing the record
   The county district clerk offers online, mail, or email request options for obtaining divorce records. However, TxDSHS allows mail-in and in-person orders for divorce verification documents.
3. Order Hays County divorce records through the selected request option
   To order divorce case files, applicants must send a written request to the district clerk’s office at:

Hays County District Clerk
Hays County Government Center
712 South Stagecoach Trail Suite 2211
San Marcos, Texas 78666
Email: distclerk@hayscountytx.gov.

The request must include divorce case information, such as the case party names, case number, or divorce decree date. Upon receiving the request, the clerk will send a quote for the estimated copy fees. Inquirers must pay the required fees and input BUREAU CODE #5779509 into the clerk’s online payment portal. Divorce records cost $1 for the first ten pages and $0.1 per page for more than ten pages. In addition, certified divorce records also cost $1 per page.

Alternately, applicants can order divorce verification records by sending an in-person or mail-in request to the TxDSHS at:

Physical address
DSHS—Vital Statistics Section
1100 West 49th Street
Austin, TX 78756

Mail address
DSHS - VSS
P.O. Box 12040
Austin, TX 78711-2040.

The request must contain a completed application form and a $20 fee for accessing the record.

What Information is Included in a Hays County Divorce Record?

Hays County divorce records typically provide information on the following:

• Personal information about the divorce parties, including names, age, and address;
• Number of the parties’ children under 18 years old.
• Marriage dissolution date.
• Marriage date and location
• County name and code where the divorce was filed.
• Court disposition, including judgments.
• District court clerk’s name and signature.

Government entities may restrict information whose disclosure does not serve the public interest. Financial data and child custody agreements are usually exempt from public divorce records.

Fees for Accessing Hays County Divorce Records

In Hays County, citizens may pay different fees to access divorce records. The fees are usually determined by the request volume, request option, and document type. Case in point: the district clerk charges $1 per page of certified divorce record, while plain copies are $1 for the first ten pages. On the other hand, the TxDSHS charges a flat fee of $20 for divorce verification documents.

Note: Inquirers are eligible to get fee waivers if the disclosure of the document is in the public interest. Thus, you may contact the record custodian agency to determine if they can waive the fee.

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

Under Texas laws, it takes between 10 and 14 business days to obtain divorce records in Hays County. The processing time for record requests is determined by the request option and volume. For instance, agencies may take longer to process mail-in orders than in-person requests. The TxDSHS will process mail-in requests within six to eight weeks of receiving them. However, inquirers can shorten the processing time by using expedited mail options like overnight mail.

Can I Request Divorce Records Online in Hays County?

Interested parties can access Hays County divorce records through the district clerk’s online case database. The platform provides information on divorce case files and judgments. To view divorce information, users must input the case party's name or number.

Alternatively, third-party search sites like Texascourtrecords.us allow online access to Hays County divorce records. The sites are generally easy to navigate and do not restrict users based on their location. Despite the benefits of using these sites, they are mostly unregulated and may not contain accurate divorce data.

Are There Any Exceptions to Accessing Hays County Divorce Records?

Yes, there are exemptions or restrictions to accessing some divorce information in Hays County. The restrictions are set in place to prevent public access to confidential or sensitive information. For instance, divorce case records are not publicly accessible if they contain information regarding minors in a dissolved union or victims of domestic violence.

Record custodian agencies only release restricted divorce information to legally eligible inquirers. The inquirer must provide valid documentation to prove their eligibility to obtain the record.