Texas Divorce Records

Divorce records in Texas provide detailed information on the finalization of a marriage in the state. These records are maintained by the District Clerk's Office in the county where the divorce was filed. In Texas, divorce records are public, meaning anyone can request access to them unless they are sealed by the court to protect sensitive information.

Texas is a "no-fault" divorce state; therefore, divorce can be granted without proving either party's wrongdoing. The state has one of the lowest divorce rates in the United States, with a 1.4 per 1,000 population in 2021, down from 3.3 in 2010. To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county where the divorce will be filed for a minimum of 90 days.

What are Divorce Records?

Divorce records in Texas are information related to all official documents created during the legal proceedings for a divorce in the state. Divorce records in Texas include divorce certificates, divorce verification letters, and divorce court records. A divorce certificate contains the least amount of information, such as the name of the parties, where the divorce occurred, and when the divorce was finalized. The divorce verification letters contain information such as alimony, child support, and child custody agreements. Divorce court records are detailed and the most comprehensive form of divorce records, as they include everything in a divorce decree and a divorce certificate.

Divorce records serve multiple purposes. They are helpful historical documents for genealogical research and understanding demographic trends. They also help ensure that divorce terms, such as alimony and asset divisions, can be legally enforced.

Are Divorce Records Public in Texas?

Unless sealed through a court order, Texas divorce records are public records. Therefore, in accordance with Section 552 of the Texas Government Code, also known as the state's public information law, members may request unsealed divorce records in the state. Some Texas divorce records may be sealed to protect the identity of minors (if minors are involved) or to protect victims of domestic violence.

Divorce Stats and Rates in Texas

Texas has one of the nation's lowest divorce rates, recorded at 1.4 per 1,000 population in 2021, down from 3.3 in 2010. Women initiate 69% of divorces, often due to perceived gender inequalities in marital responsibilities. The most common no-fault reason for divorce is an "insupportable" marriage, indicating mutual agreement on its unsustainability, while adultery is a leading fault-based reason cited by 60% of individuals.

Johnson County has the highest divorce rate among the most populated counties at 12.1%, whereas Fort Bend County has the lowest at 7.1%. Almost half of Texas divorces involve children under 18, with 42.7% of women and 18.7% of men granted guardianship in 2021.

Divorce rates in Texas also vary by ethnicity and religion, with Black or African Americans at 12.7%, Asians at 5.0%, and Conservative Protestants at 17.2%.

Grounds for Divorce in Texas

Per Chapter 6 of the Texas Family Code, there are seven (three no-fault and four at-fault) permissible grounds for divorce or dissolution of marriage in the state. These include:

No-Fault Grounds
- Insupportability: To prove insupportability as a ground for divorce in Texas, you must show that a conflict of personalities wrecks the legitimate ends of the relationship and prevents any reasonable reconciliation expectation
- Living apart: The two spouses must have lived apart without cohabiting for at least three years at the time of the trial for this reason to apply
- Confinement to a mental hospital: For this to apply, the other spouse must have been confined for a minimum of three years in a mental hospital. The severity of the mental illness must also indicate that it is unlikely to improve or a relapse may occur if it improves
At-Fault Grounds
- Cruelty: This refers to cruel treatment of a spouse by the other spouse that renders further living together insupportable
- Adultery: If you are able to prove that your spouse cheated on you, you can use it as a legal ground for divorce in Texas
- Felony Conviction: You can file for divorce in Texas if your spouse has a felony conviction during the marriage and spends a minimum of one year in a department of criminal justice or federal or state jail and has not been pardoned
- Abandonment: To use abandonment as grounds for divorce, you must prove legally that your spouse left voluntarily and did not intend to return to live with you

How to File for Divorce in Texas

You must meet the state's residency requirement to file for divorce in Texas. The residency law requires that either spouse in the divorce must have lived in Texas for six months before the petition filing date and must be a resident in the county where the divorce suit is filed or the preceding 90-day period. If you live outside Texas and are the spouse filing for divorce, you may still file the divorce suit in the Texas county where the other spouse resides, provided that the other spouse has lived in Texas for six months.

Upon verifying that you meet the residency requirement, you may follow these steps to file for a divorce:

File the appropriate divorce forms: Texas provides separate forms for filing divorce petitions depending on the circumstances in the case. These forms include:

Some counties allow e-filing, meaning the petitioner does not have to send paper copies of the form to the Clerk's Office as they can complete the filing process online. Although the e-filing process is free, the petitioner may still have to pay the standard filing fee unless the court waives the fee.

Serve the other party: After the petitioner completes the filing process, they must deliver the divorce papers to the respondent (the other spouse) to provide legal notice.
Wait for a response: If the respondent does not reply typically within three weeks, the court may proceed with the default judgment.
Hearing: At least one court hearing will be required to make a final decision on divorce issues, such as assets and property division and child custody arrangements. If the divorce is uncontested and the parties agree on the issues in place, the respondent may not be required to attend the hearing. Multiple court hearings may be necessary to reach a final judgment if the divorce is contested.
Judgment: After the judge has considered all evidence in the case, the judge will issue and sign a final divorce decree. The signed decree will be filed with the Clerk of the Court to complete the process. Note that Texas requires a 60-day "cooling off" period before the final divorce decree is signed.

Due to the intricate nature and procedural requirements of a Texas divorce, you may seek the assistance of an experienced divorce attorney before filing a divorce petition in a Texas court.

Texas Divorce Decree

A Texas divorce decree, also called the final judgment of divorce, is an official court order that terminates a marriage. In cases where divorce is contested and goes to trial, the judge issues this judgment, which becomes official once it is signed and dated by the Family Court Judge and the Court Clerk. A Texas divorce decree includes the final decisions on all divorce-related matters, such as child custody, child visitation, spousal support, and the division of assets and debts.

How to Find and Access Texas Divorce Records

Divorce records made available upon request in Texas may be informational or authorized copies. Members of the public are typically allowed to access informational copies, while authorized copies are only provided to parties involved in the divorce or their attorneys.

Texas divorce records can be accessed in multiple ways. The state makes them available to the public offline and online.

Offline Access

The Texas Department of State Health Services allows the public to order divorce verification letters by mail or in person. Verification letters include the names of both spouses, the place of divorce, and the date of divorce. However, verification letters are not considered substitutes for certified divorce decrees. To order a divorce verification letter by mail, send your completed application to:

Texas Vital Statistics

Department of State Health Services

P.O. Box 12040

Austin, TX 78711-2040

Or for expedited processing (must be sent through an overnight mail service):

Texas Vital Statistics

MC 2096

Department of State Health Services

1100 W. 49th Street

Austin, TX 78756

You may visit the DSHS' Vital Statistics headquarters during office hours for an in-person request. Alternatively, you can order divorce verification letters from local Vital Statistics offices. In-person requests are typically attended to on the same day of request, but some applications may require 24 hours or more to process.

To obtain a certified copy of a divorce record in Texas, you must visit the county or district where the divorce petition was initially filed.

Online Access

The Texas Department of State Health Services (DSHS) permits the public to order vital records online. However, you can only order divorce verification letters online and not complete divorce records. The DSHS has made divorce verifications available for Texas divorces on its website since 1968. It may take up to five weeks for applications for divorce verifications to be processed via this method.

Furthermore, some third-party websites provide access to Texas divorce records. While they are not government sources and records on their sites may not be updated, you may still use them to view Texas divorce records.

References

Counties in Texas

List of Content

What are Divorce Records?
Are Divorce Records Public in Texas?
Divorce Stats and Rates in Texas
Grounds for Divorce in Texas
How to File for Divorce in Texas
1. Texas Divorce Decree
How to Find and Access Texas Divorce Records
1. Offline Access
2. Online Access