Texas divorce records are public records, created and maintained by government agencies and made available under the Texas Public Information Act (Government Code 552). While they are public, getting access can be tricky as some documents may only be available to the parties in the divorce. But with the right identification, information, and fee the public can get them.
Types of Divorce Records in Texas
There are three types of divorce records in Texas, each for a different purpose:
1. Divorce Certificate
- What it has: Names of both parties, where the divorce was filed and the date filed.
- Use: For non-legal purposes like changing your name or applying for a new marriage license.
- Who can get it: Typically the parties in the divorce.
2. Divorce Decree
- What it has: The divorce decree has more detailed information, child support, custody, property division, and spousal support.
- Use: When one of the parties needs to contest or modify custody or financial arrangements.
- Who can get it: Typically the parties in the divorce or their attorneys.
3. Divorce Record
- What it has: This is the most complete document, all files generated during the divorce process, the certificate, decree, and any other documents filed during the case.
- Use: For legal purposes, often requested by attorneys or court officials.
- Who can get it: Access is generally limited to the parties in the divorce, their attorneys, and the court.
Types of Divorce in Texas
Texas has several types of divorce processes, each with varying levels of complexity:
- Uncontested Divorce: Both parties agree to end the marriage. This is the fastest type of divorce.
- Mediated Divorce: A neutral mediator helps both parties negotiate property division and child custody.
- Collaborative Law Divorce: Each spouse has their attorney but both work together with a neutral mediator and other experts to reach an agreement.
- Litigated Divorce: The most contentious, one spouse files for divorce, and the other is served. Divorce is settled through court hearings and possibly a trial.
How to Get Divorce Records in Texas
In Texas, you can get divorce records in person, by mail, or online. Here’s how:
1. In-Person Request
- Where: Go to the courthouse in the county where the divorce was filed.
- Cost: $20 per copy, but fees may vary by county.
- Payment Methods: Cash, credit or debit card, check, or money order.
- Steps: Use the HHS Marriage and Divorce Records website to find the county clerk’s office for your request.
2. By Mail
- How to request: Fill out an application form (available on the Texas Department of State Health Services (DSHS) website).
- Required documentation: Include a photocopy of valid identification (e.g., driver’s license or passport).
- Cost: $20 verification fee + $5 processing fee. Additional $8 delivery fee (except for P.O. Boxes or express mail).
- Payment methods: Check or money order payable to DSHS Vital Statistics.
- Mail to:
- DSHS Vital Statistics
- P.O. Box 12040
- Austin, TX 78711-2040
3. Online Request
- Where: Texas statewide online portal for public records (for records from 1968 to present).
- Cost: $20 per copy (non-refundable).
- Payment: Credit or debit card only.
- Processing time: Approximately 20 days. Please provide as much information as possible:
- Names of both parties
- Date and county where the divorce was filed
- Date of birth or age at the time of the marriage
Who Can Get Divorce Records in Texas?
Informational copies of divorce records are public, but authorized copies (divorce decrees) are restricted to:
- The parties to the divorce.
- Their legal representatives or attorneys.
These restrictions are to protect sensitive information such as financial agreements, child custody, and spousal support.
Are Texas Divorce Records Online?
Yes, Texas divorce records are online through the state’s vital records portal. Some larger counties (Harris or Dallas County) have their online portals. Fees may vary by county and method of request.
Other Things to Consider
- Third-party websites: Some non-government websites offer public records, but are not affiliated with any government agency. These sites may make the search easier but cannot guarantee the records are available. Always check the site’s reliability before paying.
- Sealed or Private Records: Divorce records contain personal information and in some cases, the records are sealed by the court. This means some documents may not be public even if you request them.
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