If you are wondering if divorce records are public in Texas, the short answer is yes. The longer answer is that divorce records in Texas may be difficult to access depending on the county and can be sealed by request.
What Divorce Records Are Public?
In Texas, most divorce filings and records are considered public records, meaning anyone can access them unless specific steps are taken to seal them. These records typically include:
- Petition for Divorce: The initial filing document.
- Divorce Decree: The final court order that outlines the terms of the divorce, including property division, custody, and support arrangements.
- Other Court Filings: Motions, orders, and hearing transcripts.
How Can the Public Access These Records?
- In Person: Anyone can request to view or copy divorce records at the district clerk's office in the county where the divorce was filed.
- Online: Some counties offer online portals to search and view case information.
- Third-Party Services: Private companies may provide access to public divorce records for a fee.
What Information Might Be Restricted?
While the records themselves are public, certain sensitive information may not be included or could be redacted, such as:
- Social Security Numbers
- Bank Account Details
- Certain Identifying Information About Children
How Can Divorce Records Be Sealed?
If you’re concerned about privacy, you can request that the court seal your divorce records. To do this:
- File a Motion to Seal: You or your attorney must file a formal request with the court.
- Demonstrate Good Cause: You need to show that sealing the records serves a significant privacy interest or prevents harm. Common reasons include:
- Protecting children’s privacy.
- Safeguarding business information or trade secrets.
- Preventing the disclosure of sensitive financial or personal matters.
- Judge’s Approval: The decision to seal records is at the discretion of the court.
Once sealed, access to the records is restricted, and only authorized parties can view them.
How Can You Protect Your Privacy Without Sealing the Records?
If sealing is not an option, consider the following:
- Opt for an Agreement Incident to Divorce: An agreement incident to divorce can lay out your agreement with your spouse and me mentioned in your Final Decree of Divorce but it will not be publicly filed for public access.
- Minimize details in filings: Work with your attorney to include fewer specific details in public documents.
- Request a closed hearing: In certain circumstances, you may ask for private hearings on sensitive topics.
If privacy is a major concern in your divorce, consult your attorney to explore your options for limiting public access to sensitive information. If you’re looking for representation, contact our team at Hunt Law Firm to explore your options with our skilled and experience team of lawyers.