I. HOW to do it
If you are currently getting a divorce, you will be able to get a copy of your divorce decree after the judge signs it. It will be available from the Clerk in the county where your Texas divorce is filed. (usually the district clerk, rather than the county clerk) If you have an attorney, and your case is still open, your attorney will usually either get a decree for you or give you instructions on how to get the decree on your own.
In some courts, the decree will be available as soon as you are finished with the final hearing and you will be able to walk to the district clerk's office and get a stamped decree that very day. In other counties/courts, you will be asked to wait for a number of days until the file is processed, sent to the clerk, and imaged.
There is a copy fee (see below).
Situation #2: Your Divorce is Final, and Your Case is Already Closed
Say that your case is complete, and maybe even was completed several years ago. You should call or visit the district clerk in the county where your divorce was rendered. The more information that you have the easier the clerk can your case. The case number is the best piece of information to have. You may also be asked the names of the parties, and perhaps the approximate year the divorce was final or which court had the case.
Unless your case has been very recently completed, it is generally better to contact the district clerk directly yourself, rather than contacting the attorney who represented you in your divorce. Doing so will save you time since an old law firm file is likely to be archived, in storage or even destroyed.(most firms do not keep family law files forever). Secondly, if you are going to get a copy of a court document, you should take the time to get a certified copy, and only the clerk's office can do that for you. Thirdly, you will want to be sure that you have the absolutely final version that was signed by the judge - an unsigned copy from an old file may not be the final version.
Information about cost:
You may be asked if you want a regular or certified copy of the decree. Get the certified! It is usually the same price as the regular (generally, about $1.00 per page). For all "official" situations, you will need a certified decree. (A certified decree bears an official stamp or seal).
Personal checks are usually not accepted.
II. WHY would you want to?
There are many reasons why you may need a copy of a divorce decree, here are just a few!
-to begin or end child support withholding
- to change a name on a driver's license, social security card, passport, insurance policy, or piece of property
- to review and follow a visitation schedule
-for transfer of property, deed or refinance
-to review provisions regarding responsibility for debt
-for income tax purposes
-for probate reasons, after one of the parties has died
-for family research reasons
-for your own record keeping
-to apply for a state license in a profession, apply for a passport or other official document
You should keep a certified copy of your divorce decree with your important papers.
LInks to the Montgomery County Texas website and the Harris County Texas website can be found at www.kalishlawtexas.com under the tab marked "legal resources".
Kalish Law Office- divorce and family law attorneys, The Woodlands, Texas Since 1984
