Are divorce records public? A divorce can reveal sensitive details of a couple’s lives. No one wants their private life exposed to the public, so it’s normal to wonder whether divorce records are public. How much of your personal information can people see? 

Unless a court order seals them, divorce records are public in Texas. This includes the divorce decrees and case records, which the district or county clerk maintains. Additionally, some records are available through third-party websites. 

In part, this is because those who go through the divorce may need to access various records. Moreover, while these records are public, locating them is a bit more difficult compared to other public records. 

An experienced divorce attorney can help you understand what records your case requires, how to access them, and how to seal them. If you have questions about any divorce-related matter, schedule a consultation with a Texas divorce attorney. 

The Different Types of Public Divorce Records in Texas

Divorce records contain different information, depending on the type of records. This is because the state maintains different regulations about the accessibility of each type. There are three main types of divorce records in Texas: 

• Divorce decrees 
• Pleadings
• Motions and orders

Divorce Decrees

A divorce decree is a document signed by the judge to finalize the terms of the divorce. The document includes arrangements for the division of assets, division of debt, and marital support payments. Either party needs to request a copy to file a motion for modifications. 

Divorce Pleadings

The pleadings include legal documents that initiate the divorce process. These documents contain information on assets, insurance policies, shared bank accounts, real property, and settlement agreements. Additionally, it can include information about witnesses. 

Divorce Records

Your divorce record includes every court filing from the case. Essentially, it is the full case record, so it contains the majority of the details. This information can be sensitive, as it includes the details of assets, minors involved in the case, and any motions filed. 

Understandably, people are concerned about how public this information is, especially when it comes to children and assets. 

Who Maintains Divorce Records?

The district clerk’s office in the county of filing maintains divorce records. For instance, if you filed in Harris County, the Office of Harris County District Clerk maintains your records. The county also manages and maintains court records. 

Are Divorce Decrees Public Record?

Divorce records are public in Texas, but access requires filing a request. This request also requires parties to disclose their relationship to those involved in the case. If they aren’t able to prove their relationship to you or your former spouse, the state may not grant access to the documents. 

Generally, Texas considers divorce records public. However, not just anyone can locate and access them. Typically, the state only allows the individuals involved and their attorneys to access a divorce decree or the divorce certificate. 

Why Do People Need to Access Divorce Records?

One of the most common reasons people request divorce records is to provide proof so they can remarry after a divorce. Still, there are many reasons for people to access their own records, including proof of marriage status, modifications to the agreement, changes to other legal documents and accounts, etc. 

If you simply need proof of your divorce, without any sensitive information, you can obtain a divorce verification letter from the Texas Department of Health and Human Services (TDHHS). To apply for this letter, you need the following information: 

• The date and location of the divorce
• The full name of an individual or individuals involved in the divorce
• City or county where the divorce was granted.
• The age of each spouse at the time of marriage.

This letter allows you to avoid sharing a document with more detailed information you want to remain private. 

Here are some additional reasons people may seek to access divorce records in Texas.

Employment

You may wish to have your employer update your records after a divorce, especially if you change your name. Your employer may request proof of the divorce prior to making any changes. Generally, a divorce verification letter is sufficient proof. 

Modifications

In Texas, it’s not easy to modify a divorce decree once a judge finalizes it. However, it is possible to make modifications to child custody plans in certain situations. If someone has a substantial change on the horizon, such as a relocation or change in income, they may request a modification to the custody agreement. 

To apply for a modification, you must request your divorce records. Modifications to spousal support or child custody require a copy of the divorce decree. 

Name Changes

If you changed your name in your marriage, it’s common to change it again after a divorce. Typically, people seek this out as a fresh start. Texas allows women to revert their surname to their maiden name in the midst of the divorce process. The divorce decree will reflect this. 

To apply for a new social security card or driver’s license, you have to provide proof of your name change. The divorce decree with your maiden name is sufficient. 

Sealing a Public Divorce Record

When it comes to divorce records, Texas has an open records policy. However, you have the option to petition the court to seal these records. Additionally, you can choose whether to seal sensitive information or the record as a whole. 

Here are your options to seal divorce records in Texas: 

• Include a confidentiality clause in your divorce agreement
• Seal the entire record 
• Hide your identity from public documents so they do not indicate you 
• Highlight a document that contains sensitive information, including your date of birth, phone numbers, or personal address 
• Apply for a protective order on the grounds that the document contains sensitive information 

Are Your Divorce Records Public?

Yes, divorce records are public in Texas but difficult to access. You have the option to seal information or seal your record to protect your privacy. 

While you may need access to your divorce documents someday, the general public does not. If you want to seal your records, The Bayley Law Firm can help. It’s not always easy to protect your privacy in the divorce process. Our legal team can help you navigate requests and modifications to ensure you never reveal any sensitive details. 

Sealing a divorce record requires a compelling case. An attorney at our Houston law office can help you build a case for the court to seal your record. If you have any questions about your records or the divorce process, contact our firm for a consultation at 713-383-8887.