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Are Montgomery County Divorce Records Public?
Yes, some Montgomery County divorce records are public. Chapter 52, Title 5 of the Texas Government mandates public access to Montgomery County public documents (including divorce records).
Notwithstanding, public access to Montgomery County divorce records does not include sealed documents and sensitive information. For privacy and security reasons, Texas and federal laws exempt public access to divorce information that violates constitutional rights or endangers the subjects of the records.
Who Can Access Montgomery County Public Records?
Anyone can access Montgomery County's publicly accessible divorce records. Per Texas laws, basic divorce information like names of the petitioners and respondents, date of divorce, name of the court that issued the final decree, case number, and final judgments are publicly accessible. In Montgomery and other parts of Texas, any interested individuals can access basic divorce information. However, there are restrictions on sealed divorce records. The table below outlines the requirements for accessing Montgomery County non-public divorce records by various entities.
| Type of divorce Information/records | The general public | Owners of the divorce records | Judicial officers | Law enforcement agencies | Authorized government agencies | Legal representatives |
| Sealed divorce records | Not accessible to the public | Individuals can access their sealed divorce records if they provide valid government-issued photo identification documents | The courts are legally authorized to access sealed divorce records if such documents relate to legal trials. However, judicial personnel require authorization from the courts or supervisors to access sealed divorce records. Also, access to sealed divorce documents must comply with judicial ethics | Per federal and Texas laws, law enforcement agencies can access sealed documents (including divorce records) if they demonstrate the relevance of such documents to their investigations. However, they must not reveal the information to unauthorized persons. Also, law officers must provide valid agency identifications, court orders, or official request letters to access sealed divorce records | Must have judicial orders or subpoenas to access Montgomery County sealed divorce records | Requires the consent of the clients (a party to the divorce) and legal motion to access sealed divorce records if the documents relate to their cases. In addition, legal representatives must demonstrate relevance to access information about non-active third parties in divorce records. |
Inquirers should note that the Montgomery County District Clerk's Office will redact sensitive information such as Social Security Numbers and financial account details from divorce records unless there are judicial orders.
Individuals seeking to confirm their eligibility to access sealed divorce information in Montgomery County should submit valid government-issued identification documents, court orders, or subpoenas to the Montgomery County District Clerk's Office at:
301 North Main Street,
Conroe,
TX 77301
Phone: (936) 539-7855
Do I Need to State My Purpose and Use When Requesting Divorce Records in Montgomery County?
No, individuals do not need to state their reasons for requesting Montgomery County divorce records. However, the level of access depends on the requester's involvement with the case. Also, federal and Texas laws mandate the legitimate use of public documents. For instance, requesters of Montgomery County divorce records can use them for legal trials, genealogical and historical research, personal interests, and other lawful purposes.
How do you Request Divorce Records in Montgomery County?
Access to Montgomery County divorce records is through the Montgomery County District Clerk's Office. Individuals seeking to access Montgomery County divorce records should download the Montgomery County District Clerk's Office Request for Copies Forms, complete them, and mail them to:
The Montgomery County District Clerk
Attn: Records and Research
P.O. Box 2985,
Conroe,
TX 77305.
What Information is Included in a Montgomery County Divorce Record?
Montgomery County divorce records are case files on divorce proceedings within the Montgomery District Courts. These documents contain information about the termination of legal marriages within Montgomery County, TX.
The information on a Montgomery County divorce record depends on the document type as the table indicates.
| Type of divorce record | Available information |
| Divorce Decree |
|
| Divorce case file |
|
The public should note that for privacy and security reasons, the Montgomery County District Clerk's Office will redact financial account details, Social Security Numbers, child custody agreements, and restraining orders and other sensitive information from publicly accessible divorce records.
Fees for Accessing Montgomery County Divorce Records
Access to Montgomery County divorce records may require fee payments. Per the Texas Public Information Act, custodians of public records can charge minimal fees to counterbalance the costs of making the documents available to requesters. In Montgomery County, copies of divorce records cost $1.00 per page, and there is an additional $5.00 certification fee if the request is for a certified copy.
Payments for copies of Montgomery County divorce records are by cash (for in-person requests), money orders, or cashier's checks to the Montgomery County District Clerk's Office.
Although the Montgomery County District Clerk's Office did specify policies for waivers or price reductions for copies of documents, low-income earners, veterans, and seniors can download, complete, and submit Statement of Inability to Afford Payment of Court Costs forms to the District Clerk's Office for consideration.
How Long Does It Take to Obtain Divorce Records in Montgomery County?
The delivery time for divorce records requests from the Montgomery County District Clerk's Office may depend on several factors. These include:
- The type of request (certified or non-certified copies)
- Request method (online or offline requests)
- The volume of requests through the District Clerk's Office
- The complexity of the search process
- Delivery method
- Accuracy of request details (for instance, incorrect names, case numbers, and dates may affect the search for the records).
Nonetheless, the timeframe for delivery of Montgomery County divorce record requests falls within the following range:
- Online requests - 1 to 2 business days (it may take longer for certified copies of the documents)
- In-person requests - 1 to 3 business days
- Mail requests - 7 to 10 business days
Requesters can speed up the delivery process by accessing and downloading non-certified copies of Montgomery County divorce records online or by in-person requests at the clerk's office; they should also inquire about the availability of expedited delivery services.
Can I Request Divorce Records Online in Montgomery County?
Yes, individuals can request Montgomery County divorce records online through the Montgomery County District Clerk's Court Records Inquiry Portal. Also, Montgomery County divorce records may be accessible through private online databases like Texascourtrecords.us. These online repositories offer broad access to Texas court documents. However, users of non-government websites should be cautious because these platforms are independent, and there are doubts about the accuracy of their information.
Are There Any Exceptions to Accessing Montgomery County Divorce Records?
Yes, there are exceptions to accessing Montgomery County divorce records. Although Montgomery County divorce records are public, unauthorized individuals cannot access sealed or restricted divorce records. Also, the Montgomery County District Clerk's Office will redact sensitive information whose public disclosure will violate privacy or compromise the owner's safety.
Non-involved individuals require judicial orders to access sealed Montgomery County divorce records.