Texas Divorce Records

Texas recorded a divorce rate of 1.9 divorces per 1,000 in 2022, lower than the national average of 2.4 per 1,000. This figure also represented a somewhat significant increase in divorces across the state over the previous years. Divorce rates in the state are generally higher among White and African American populations compared to other ethnicities.

Texas is generally considered an open records state, meaning that interested members of the public may view and obtain copies of records of divorces that occur in the state. There are several types of divorce records available in Texas, including:

• Divorce Decrees: these are formal court orders issued after a divorce has been finalized. Divorce decrees are maintained locally by District Clerks and typically contain extensive information about the divorce, including the terms or agreements reached on issues like property division, child support, and more.
• Divorce Verification Letters: these are documents that verify whether a divorce occurred in the state. They typically contain information like the names of the couple, their divorce date, and place of divorce. Divorce verification letters are primarily maintained by the Texas Department of State Health Services; however, they are not considered legal substitutes for divorce decrees.

What Are the Residency Requirements for Divorce in Texas?

Per Section 6.301 of the Texas Family Code, divorces may only be granted in Texas if the following residency requirements are met:

• Either spouse has lived in the state for at least six months before the filing date
• Either spouse has lived in the county where the divorce will be filed for at least 90 days (before the divorce is filed).

What Are the Grounds for Divorce in Texas?

Divorces in Texas may either be fault-based, where one spouse is considered at fault for causing the marriage to break down, or no-fault-based, where neither party is considered at fault. Chapter 6 of the Texas Family Code stipulates seven grounds for divorce in the state:

• Insupportability: this is a no-fault-based divorce typically granted to couples with "irreconcilable differences".
• Cruelty: courts may grant a divorce if one spouse's cruel treatment makes continuing the marriage insupportable for the other spouse. Cruelty is a fault-based ground for divorce.
• Adultery: Divorce may be granted if one spouse can prove that the other has cheated on them. This is also a fault-based ground for divorce.
• Felony conviction: a divorce may be granted if one spouse is convicted of a felony, imprisoned for at least one year, and not pardoned, provided that the conviction was not based on the testimony of the other spouse. A felony conviction is a fault-based ground for divorce in Texas.
• Abandonment: a court may grant a divorce if one spouse intentionally abandons the other and remains away for at least one year. Abandonment is also considered a fault-based ground for divorce.
• Living apart: no-fault divorces may be granted in Texas if a couple has lived apart without cohabitating for at least three years.
• Confinement in a mental hospital: Divorce may be granted if one spouse has been confined in a mental hospital for at least three years, with recovery deemed unlikely or relapse probable. This is also a no-fault-based ground for divorce.

How Much Does It Cost to File for Divorce in Texas?

Divorces in Texas cost an average of $12,792 per person. This is significantly higher than the national average of $9,970, as well as the cost of divorces in neighboring states like New Mexico ($6,637) and Louisiana ($10,200).

Divorce costs typically include filing fees of about $300 (actual fees vary by county), as well as additional expenses like:

• Attorney fees
• Mediation costs
• Family therapy
• Joint debts and property division
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in Texas?

Per state law, there is a mandatory waiting period of 60 days after a divorce petition is filed before it may be granted; however, in situations involving family violence, this waiting period is waived. Note that there is no stipulated time frame for being separated from your spouse before filing for a divorce, as Texas law does not recognize legal separations.

How To File for Divorce in Texas?

While the specific process for filing for divorce in Texas may vary by county, it generally involves the following steps:

• Determine whether you meet the state's residency requirements (either you or your spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days).
• File an Original Petition for Divorce with the district clerk's office in the appropriate county (forms are usually available at the office).
• Serve your spouse (the "Respondent") with the divorce papers. They typically have 20 days to file an answer.
• If the divorce is uncontested, you and your spouse can draft a settlement agreement, which will be subsequently reviewed and approved by a judge in a brief hearing. Depending on your county, you may be required to attend a parenting course before the divorce, if you have children.
• For contested divorces, multiple hearings, mediation, and even a trial may be held to iron out issues like child custody, support, and property use while the divorce is pending.
• Once all issues are resolved, the judge will issue a final divorce decree, making the divorce legally binding.

The Texas State Law Library offers online access to several resources and guides that you may utilize to get more information on the state's divorce process.

Are Divorce Records Public in Texas?

In Texas, divorce records are generally considered public, and interested parties may access these records in line with the Texas Judicial Branch's Open Records Policy. However, certain sensitive information contained in these records, like financial or custody details and information involving victims of family violence, may be sealed to protect privacy. Access to these sealed records is typically limited to specific parties, such as the couple, their attorneys, law enforcement, or others with a court order.

How To Get Certified Copies of a Divorce Decree in Texas?

Certified copies of divorce decrees in Texas can only be obtained through the District Clerk in the district where the divorce was filed. Depending on the jurisdiction, requests may be made online, in person, or via mail. You will usually be required to provide information on the record required, such as the names of the couple involved; copy fees also typically apply. Contact the appropriate district clerk's office for information on their available options for obtaining divorce decrees, requirements, fees, and processing times.

The Texas Department of State Health Services (DSHS) also maintains records of divorces from 1968 to date and offers access to copies of these records in the form of "divorce verification letters". Note that these documents are not considered a legal substitute for divorce decrees and simply serve to verify whether or not a divorce occurred in Texas. Divorce verification letters cost $20 per copy (additional service/processing fees may apply) and requests may be made online or by mailing an Application for Marriage or Divorce Record Form to:

Requests may also be made in person at local vital records offices across the state. Online requests and expedited mail requests are typically processed within 20 – 25 business days, regular mail-in requests may take 6 – 8 weeks, while in-person requests are usually processed the same day (but may sometimes take 24 hours or more.

Divorce Settlement: Is Texas a 50/50 State?

Texas is a community property state, meaning that spouses are typically deemed to have equal ownership and liability for all assets and debts attained during their marriage. However, unlike most other community property states where marital property is usually split equally during a divorce, under Texas law, marital property is split in a manner deemed "just and right" with due consideration to both spouses and any children involved. This is somewhat similar to the equitable property distribution approach utilized in several states, where the focus is placed on ensuring that marital property is fairly divided between the couple.

FAQs about the Divorce Process in Texas

Here are answers to some commonly asked questions about the divorce process in Texas.

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