Every document that is filed in a law suit is public record. This includes divorce proceedings. All documents that are filed in a court proceeding can be viewed at the county’s district clerks office. Most of the Texas District Clerk’s offices have their records available via online searches. There are also several websites that will search public records for a fee. Additionally, any one can attend an open court hearing.
There are some exceptions. Some counties do not publicize newly filed divorce petitions. This prevents a party being contacted regarding their divorce before they have been served. Being surprised by a third party sales is not the best way to find out your spouse wants a divorce. So, for a few days a divorce petition is sealed.
Information relating to private and protected information, such as social security numbers and account numbers are not available to the public.
Likewise, any document that is filed in a divorce is public record, including the final decree. The final decree contains all provisions of the divorce, including a listing of all property you own and all debts owed by you, and to whom the court awards each asset and liability. One way to prevent your life being an open book is to have an agreement incident to divorce. The Texas Family Code allows an agreed property division to be documented in a separate, agreement to be incorporated by reference into the final decree of divorce without a specific recitation of the property in the decree. This agreement does not necessarily have to be filed in the Court record. An agreement incident to divorce is enforceable as a contract.
If you want to know more about agreements incident to divorce or other options for maintaining your privacy contact us today. (832) 919-659 or schedule your free 10 minute phone consultation by clicking this link and booking your time. https://calendly.com/boswelltexaslaw/15min
