Texas Divorce Records

Per recent data from the CDC's National Center for Health Statistics, Texas has a divorce rate of 1.9 divorces per 1,000. While this is lower than the national divorce rate of 2.4 per 1,000, it indicates an increase in the number of divorces recorded across the state (compared to data from previous years).

Couples may file for divorce in Texas on either "fault" or "no-fault" grounds, with the most common being "insupportability". This is a "no-fault" divorce, meaning that neither spouse is typically required to prove wrongdoing by their partner, and the divorce is granted based on the couple having irreconcilable differences. This differs from "fault-based" divorces, where the spouse filing must prove that their partner is responsible for the breakdown of the marriage.

On average, it costs about $12,792 (per person) to file for divorce in Texas, higher than the national average of $9,969. These costs are influenced by factors like attorney fees, mediation costs, and whether the divorce is contested (where issues like custody, visitation, and support are being disputed) or uncontested.

Are Divorce Records Public in Texas?

Divorce records in Texas are generally considered public records and can usually be viewed by any interested party. However, it should be noted that access to these records is primarily governed by the Texas Judicial Branch's Open Records Policy, and not the state's Public Information Act.

Per this policy, sensitive information contained in divorce records, such as custody details, financial information, and details on victims of family violence, may be restricted from public view to protect the privacy of involved parties. This restricted information is typically only accessible to specific parties, including law enforcement, the couple named on the records and their attorneys, and individuals with a valid court order (granting them access to the record).

What Is Included in Texas Divorce Records?

In Texas, the term "divorce records" collectively refers to official documents containing pertinent details on divorce proceedings that occur in the state. These include:

• Divorce Decrees: These are formal court orders that finalize the divorce proceeding. Divorce decrees are held at the county level by county district clerks' offices and outline specifics of the divorce, including details on the divorcing couple and agreements (where mutual or court-mandated) on matters like property division, custody, support, and visitation.
• Divorce Verification Letters: These are documents issued by the Texas Department of State Health Services (DSHS) that serve as confirmation that a divorce occurred in the state. Divorce verification letters generally contain basic details like the names of the divorcing couple and the divorce date and location.
• Divorce Court Case Files: These refer to the entire collection of legal documents and court decisions made and/or filed during a divorce proceeding.
• Report of Divorce or Annulment Indexes: These are compiled records of divorce and annulment reports sent to the DSHS by county district clerks' offices. These indexes are provided to help individuals locate the specific county where a divorce decree was originally filed and are not considered legal documents.

How Do I Find Texas Divorce Records?

Divorce records in Texas are held both locally and at the state level by district clerks and the Department of State Health Services, respectively. However, certified copies of these records are usually only available through district clerks' offices. You will typically need to obtain a certified copy of a Texas divorce record for reasons like:

• Facilitating a name change and/or updating legal documents
• Proving you are legally divorced before obtaining a new marriage license
• Updating wills, trusts, or other estate-planning documents
• Updating your marital status for Social Security, insurance, or financial institutions
• Applying for certain government benefits, insurance claims, and other similar financial matters
• Modifying existing orders regarding custody, visitation, or support

Look Up Texas Divorce Certificate

You may access records of divorces that occurred in Texas from 1968 to date by submitting a request to the Texas Department of State Health Services (DSHS) online. Requests may also be made in person at any local vital records office across the state or by completing and mailing a pdf Application for Marriage or Divorce Record to the DSHS at:

Or

You will be charged a non-refundable $20 fee per copy; additional processing/service fees may also apply, depending on your preferred request method. Be aware that divorce records issued by the DSHS are "divorce verification letters", which simply serve to confirm that a divorce occurred. These letters may not be accepted as a certified legal document in certain situations; as such, the DSHS advises that you confirm if a verification letter will be accepted for your specific purpose before placing a record request.

Look Up Texas Divorce Decree

Certified copies of divorce decrees in Texas are only available through the district clerk's office in the district where the divorce was originally filed. You may obtain copies of these records by taking the following general steps:

• Determine the District Court where the divorce was filed.
• Contact the district clerk's office and submit a request for the record. Depending on the district, this request may be submitted in person, online, via mail, or other available options. Be aware that you will typically need to provide certain details to facilitate a record search, such as the names of the divorcing couple and/or the divorce date.
• Provide any requested supporting documentation (such as an ID) and pay all applicable fees. This may be as low as $1 per copy, to $10 or more, depending on the district.

Look Up Texas Divorce Court Records

While you cannot typically request a complete divorce court case file in Texas, you may be able to obtain copies of publicly accessible documents contained in the file, such as the divorce petition, the civil case information sheet, and certain filed motions or court orders. To do this, you will need to submit a record request to the district clerk at the court where the divorce case was originally filed and pay the stipulated copy fees.

Can You Seal Divorce Records in Texas?

Divorce records may be sealed in Texas under Rule 76(a) of the Texas Rules of Civil Procedure. This is usually done to protect the privacy of the parties involved.

The record sealing process generally involves filing a written motion with the court that granted the divorce and then posting a public notice of a court hearing to decide on whether the motion should be granted. During the hearing, which usually takes place at least 14 days after the notice has been published, you will be expected to provide the court with justifiable reasons for why the divorce record should be sealed.

How Long Does a Divorce Take in Texas?

Under Texas law, divorces cannot be granted until at least 60 days after the divorce petition was filed. However, this mandatory waiting period may be waived in situations involving family violence.

Does Texas Require Separation Before Divorce?

Texas does not require a mandatory separation period before filing for divorce, nor does the state recognize the concept of legal separation. Nevertheless, a couple who wishes to file for divorce on the grounds of living apart must have done so (without cohabiting) for at least three years.

How Are Assets Split in a Texas Divorce?

Texas adheres to the community property principle, where spouses are deemed to have equal ownership and liability for all assets and debts attained during their marriage. However, it does not employ the standard 50/50 property division formula utilized by most community property states during a divorce. Instead, per Chapter 7 of the Texas Family Code, a divorcing couple's estate must be split in a manner that is "just and right." This is similar to the equitable distribution model, which prioritizes a fair outcome for all parties involved, including children.

Who Gets Custody of a Child in Divorce in Texas?

In Texas, child custody is legally referred to as "conservatorship". While fathers and mothers generally have the same rights under Texas' conservatorship laws, there are still societal expectations that mothers would be the primary caregivers in the event of a divorce. Recent studies suggest that, on average, divorced fathers in Texas are awarded about 33% of parenting time, slightly lower than the national average, which is around 35%.

Conservatorship (legal custody of a child) may only be created by a court order. Without one, both parents automatically have equal rights towards their children regarding matters like physical custody, choosing where they live, guiding their upbringing, ensuring their well-being, disciplining them, providing for their needs, and consenting to their medical care.

There are three types of conservators recognized in Texas:

• Joint Managing Conservators: This involves both parents jointly making decisions on most issues involving the child, such as education and healthcare. During a divorce, both parents are typically presumed to be joint managing conservators, except for situations where one parent has a history or pattern of violence against the other. Note that joint managing conservatorship does not automatically mean that the child will spend equal time with both parents; in most cases, one parent (referred to as the custodial parent) is given the exclusive right to decide where the child will reside.
• Sole Managing Conservators: Here, one parent has the exclusive right to make most decisions concerning the child. In some cases, another party who is not the child's parent may be named their sole managing conservator.
• Possessory Conservators: In situations where one parent is named a child's sole managing conservator, the other parent is designated as their possessory conservator. Possessory conservators still have parental rights but do not have a final say over most decisions involving the child's overall well-being.