Divorce can be a stressful time, and there are numerous documents and records associated with filing for and successfully receiving a divorce in Texas. If you are pursuing a divorce in Texas, you may be wondering if other people can access your divorce records or how you can access copies of someone else’s divorce records.
Our guide gives you an overview of divorce records in Texas, including details on whether or not these records are public, who might be able to access your Texas divorce records, and what to do if you want to keep your divorce information totally private.
What Are Divorce Records in Texas?
Divorce records include three different types of records; it’s important to understand the difference between these records, as they hold slightly different information and cover different parts of the Texas divorce process.
Divorce records in Texas include:
- Divorce pleadings – These records are the initial step in a Texas divorce, and they contain the original Petition for divorce in addition to details about the parties seeking a divorce and any assets, property, or shared bank accounts that may be involved.
- Divorce decrees – Divorce decrees are the documents that a divorcing couple receives when their divorce has been finalized by a Texas judge. Details on a divorce decree include splits of marital assets, support payments, and marital debt divisions.
- Divorce case record – The divorce case record contains all of the documents and details associated with a divorce; it has the most identifying information included, and it may name minors involved in the divorce, sensitive information, and asset information.
For the most part, when individuals are searching for divorce records, they are actually looking for the Texas divorce decree. This record helps prove that a divorce was finalized, and individuals must request a copy of the divorce decree if they wish to make any changes to divorce agreements; a Texas divorce lawyer must help with this process.
In terms of privacy concerns, most individuals going through a divorce are worried about the details in their divorce case record being shared, as this record has the most identifying information included.
Are Divorce Records Considered Government Records?
In Texas, the Government Code outlines what is considered a government record and what counts as public record. This also determines which records might be considered public information and which records must be kept private for safety and security reasons.
Under Texas Government Code Chapter 5, divorce records are considered government records, but they are also considered public records, meaning that they can be requested by members of the public in certain situations. Generally, you will need to work with the district clerk where the divorce occurred in Texas to request these records.
Why Request Divorce Records?
There are many different reasons why you might want to request divorce records that go beyond just trying to find out if someone is officially divorced or not. These records contain a wealth of different information that can be helpful for those researching someone else or trying to obtain records of their own divorce.
Reasons why you might want to request divorce records include:
- Getting remarried – Individuals who wish to get remarried typically need a copy of their divorce decree to prove they are officially divorced in the state of Texas.
- Changing names – Individuals who change their names after divorce will need a copy of their divorce records to change their name on bank accounts, assets, insurance policies, employment records, and more.
- Modifications to divorce orders – Individuals who need to change child custody agreements, spousal support agreements, or other details of their divorce usually need a copy of their divorce records as the starting point for this process.
You may also be trying to obtain a copy of your divorce records to keep on file, or you may be relocating somewhere and in need of keeping your divorce records with you for future reference.
How Do I Request Divorce Records?
If you do not have a copy of your divorce records after your divorce, you can speak to your lawyer for details on obtaining all of the records and documentation associated with this process. You can also consult the district clerk’s office in the jurisdiction where your divorce took place for details on how to request your records.
This process does change from area to area, so it’s important to contact your exact district clerk to understand what information you need to submit to receive a copy of your records.
Are Divorce Records Public in Texas?
In Texas, because all three types of divorce records are considered government records, they are also considered public records. This means that someone looking for details of your divorce can locate divorce decrees or other details related to your divorce case by accessing the right government channels or using a third-party people search website.
Typically, individuals can request information about a divorce or marriage certificate by contacting the Texas Department of State Health Services, where vital records are maintained.
In many cases, this can be concerning for individuals who wish that the details of their divorce, including details about assets, children, and the location of the divorce, were kept private.
However, if you are requesting official divorce records, the Health Services office may require that you prove your relationship to the person getting divorced or state your intentions for requesting the documentation to ensure the information is not going into the wrong hands.
Can I Keep My Divorce Records Private?
It is possible to keep your divorce records private, and the Texas Government Code allows individuals to seal parts of their divorce records or their entire divorce case record for several different reasons. Typically, privacy and safety concerns are the most common reasons for keeping divorce records sealed.
Common reasons that may warrant the sealing of divorce records include:
- Protecting sensitive data such as the named parties in the divorce, any shared children, birth dates, and personal information
- As part of a confidentiality agreement noted in the official divorce decree
- To prevent public access to sensitive personal information
- As part of a court protective order established to protect someone’s safety
If you want to seal your divorce records, you will need a Texas divorce lawyer to help you, and if you know that you want your divorce records sealed while undergoing the Texas divorce process, you can advocate for this to be included in the final divorce decree.
How Do I Get a Divorce Verification Letter?
If your divorce records are sealed, or you don’t want to show someone your entire divorce decree and case records for something like changing a name or showing you are officially divorced, you can request a divorce verification later instead.
This is something that shows you are divorced and can be used in the same way that divorce records are, but it will have less identifying, sensitive, and personal information on it.
You can get a divorce verification letter through the Texas Department of State, and you will need to present information such as the names of the individuals in the divorce, the date of marriage and divorce, the location and jurisdiction of the divorce, and identity information. You will also likely need to pay a fee to receive this letter.
Will a Divorce Show Up On My Background Check?
Divorces can show up on your background check, depending on the type of background check that is conducted and whether or not your divorce records are sealed. In many cases, sealed divorce records might not appear on a surface-level background check, but a verification of your divorce might appear on deeper background checks.
Keep in mind that divorce records are considered government records and public records, so a background check that looks specifically at civil court records could potentially show your divorce status.
Are Marriage Records Public Record in Texas?
Similar to divorce records, marriage records in Texas are considered government records, and they are public records. This means that an individual can access details about marriage certificates and marriage records through Texas’s vital records services, or by performing a search on a people search tool or another internet search tool.
Marriage records typically contain details of the named parties, including maiden names and the date of the wedding, so you may be concerned about privacy.
Fortunately, it is possible to seal marriage records in Texas so that only the named parties can access these details. You will need to speak to a lawyer or fill out the correct paperwork to present before a judge in your Texas jurisdiction to achieve this.
Understanding Access to Texas Divorce Records
Divorce can be overwhelming, and understanding what happens to your divorce records in Texas, including whether or not they are public, is essential. Overall, your divorce records will be considered public government records in the state, and people will be able to access these records unless you seal them.
If you are interested in sealing your records or are concerned about the details listed on your Texas divorce records, reach out to your divorce lawyer for further guidance.
