Divorce Decree in Texas

• Obtaining a divorce decree in Texas
• What information is in a Texas divorce decree?
• What documents do you need to see your divorce decree?
• Where you can get a copy of your divorce decree
• Divorce decree vs. divorce certificate
• Is a divorce decree enforceable?
• Who has access to a divorce decree?
• References

People move through several steps to obtain a Texas divorce. At the end of the process, you will visit a courtroom with a final set of forms, including your Final Decree of Divorce. When the judge signs it and you file it with the clerk, your marriage is over. 

The signed, stamped Final Decree of Divorce is your official divorce decree. You and your former partner can order copies of this document from the clerk who processed your divorce. 

Obtaining a divorce decree in Texas

A divorce decree is the document produced at the end of your Texas divorce process. To get it, you must move through several steps, including the following.

Step 1: File for divorce

One person (the petitioner) fills out the documents that start the divorce process. They include the following:

•   Original Petition for Divorce (Set B for people with children; Set A for people without them; Set D for people in same-sex marriages)
•   Civil Case Information Sheet
•   Information on Suit Affecting the Family Relationship

Take your documents to the courthouse in your county, or use E-File Texas to file them electronically.

Step 2: File temporary orders

Some divorce cases are complex and take a long time to resolve. Temporary orders allow the courts to solve issues that just can’t wait. You could use temporary orders for the following issues:

•   Child custody or visitation schedules
•   Child support or health insurance
•   Temporary use of shared property
•   Temporary debt repayment arrangements
•   Temporary spousal support payments

Forms for temporary orders can vary by county. If you need temporary orders, ask the clerk at your courthouse for help.

Step 3: Obtain your final divorce decree

If you collaborate with your spouse, you can fill out a Final Divorce Decree with them. Several options exist, including Set A (for divorces without children), Set B (for divorces without children), and Set D (for people in same-sex marriages).  

Bring the documents to your final divorce hearing. The arrangements will be reviewed by the judge and signed. File the documents at the courthouse.

Step 4: Get certified copies

Go to the district clerk’s office with personal identification (like your driver’s license). Tell the clerk you’d like a certified copy of your divorce decree.

What information is in a Texas divorce decree?

A formal Texas divorce decree serves as a roadmap to life after your divorce. It includes plenty of information.

A Texas divorce decree can include the following details:

• Child custody arrangements: Where do the children live? When do they visit the other party?
• Child support payments: How much does one party pay the other to keep the children clothed, fed, and healthy?
• Child health insurance obligations: Who is responsible for paying for the child’s health insurance?
• Asset distribution between both parties: Who kept things like cars, houses, dishes, and other items you shared as married people?
• Debt distribution between both parties: Who is responsible for the credit card bills, mortgage payments, and other debts you acquired as a couple?
• Retirement fund allocations: Who kept the balance in 401(k)s, IRAs, and other savings accounts?
• Name changes: If someone changed their name in the divorce, what was it changed to?
• Court costs: Who is responsible for paying fees associated with a court case?

The document also includes the judge’s name, your name, your ex's name, and the signatures of all people. 

What documents do you need to see your divorce decree?

Texas laws say that divorce decrees are private, meaning you can't walk into any courtroom and ask for them. Only you and your former spouse can get copies. 

Visit the clerk, and bring along proof of your identity. Ideally, that means a Texas driver's license with the same address and signature shown on your divorce decree. 

Where can you obtain a copy of your divorce decree?

Visit the district clerk’s office to get a copy of your divorce decree. This must be in the same county where your divorce was granted. Make sure to bring proof of your identity with you. 

Divorce decree vs. divorce certificate

Texas courts keep close tabs on how many people get divorced within the state. Two versions of records are available, and they are very different. 

A divorce decree, as explained, contains all of the details about your estate and your split. This extremely detailed document contains a lot of information you might like to keep private. 

A divorce certificate is much less formal and contains only basic information about your divorce, such as your name and the date/time your divorce was finalized. If you must prove you're divorced, this document is usually enough. You can ask for one from the courthouse that handled your divorce.

Read: Tips for Keeping Your Divorce Out of the Public Eye

What's after divorce? 

Make sure you've got everything covered with our FREE checklist.

Sign up to get our Post-Divorce checklist to put your mind at ease.

Is a divorce decree enforceable in Texas?

Yes, a divorce decree is fully enforceable within the state of Texas. This legal document, signed by a judge, contains details about what happens to your estate and your life after your marriage. Everything listed in this document is enforceable by the court. 

If your spouse isn’t following the arrangements in your divorce decree, you can go back to the court and file a motion for enforcement of the decree. This approach works best for disagreements about property, debts, and similar assets.

If your spouse isn’t following arrangements involving child support, you can go to the Office of the Attorney General for help. Experts say it’s almost always best to enforce a child support order this way.

If you don’t agree with the details listed in your divorce decree, you can file paperwork to change them. But until the court approves your request, you must follow the agreements listed on the document. 

Who has access to a divorce decree in Texas?

Generally, only you, your ex-spouse, and your lawyers (if applicable) can access your divorce decree. Since so much of the information provided on these documents is private, the courts usually keep them safe from outsiders.

Free Downloadable Worksheet: Create a Texas Co-Parenting Plan

References