Public Nature of Divorce Records in Texas
Under Texas law, most divorce records are public due to the state’s commitment to transparency and accountability in judicial proceedings. These records include divorce decrees, case filings, and motions, which are typically maintained by the district or county clerk’s office. While some counties provide online portals for access to these records and others require in-person requests or fees for copies, accessing divorce records is not as straightforward as it seems. While Texas does offer ways to obtain divorce records, these methods usually require specific information about the divorce, such as the full names of the parties involved, the date the divorce was finalized, and the city or county where it occurred. Even if you have this information about a divorce, you may only see general information about what has happened in the case. Generally, only the individuals involved in the divorce and their attorneys can easily access the full divorce decree and specific documents filed.
Types of Records in Family Law Cases
Family law-related records fall into different categories, each with varying levels of accessibility:
- Public Records: These are accessible to anyone and may include general case information.
- Restricted Records: These contain sensitive data (e.g., Social Security numbers, minors’ names) and have limited access.
- Confidential Records: Accessible only to the parties involved and their attorneys.
- Sealed Records: Completely inaccessible to the public unless a court order unseals them. Sealing requires a formal request and justification, such as protecting privacy or sensitive information.
How to Access Divorce Records
To access divorce records in Texas:
- Visit the district or county clerk’s office where the divorce was filed.
- Use online databases provided by some counties or third-party websites.
- Submit a formal request, often requiring proof of identity or relationship to the parties involved.
Privacy Concerns and Sealing Records
While divorce records are public by default, individuals concerned about privacy can petition the court to seal their records. This process requires demonstrating that sealing is necessary to protect sensitive information without harming public interests. Alternatively, protective orders can limit access to specific details within the record.
What this really means
The simple answer is that divorce filings in Texas are public records unless sealed by a court order. While general case information is accessible, sensitive details may be restricted or confidential depending on the circumstances.
Have Questions?
If you have questions about your family law matter, consult with a family law attorney for guidance. They can provide you with meaningful insight on what to expect during your case and how to advance your privacy interests. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
