Ellis County Divorce Records
What Are Ellis County Divorce Records?
Divorce records in Ellis County are official legal documents that provide evidence of the dissolution of a marriage within the county's jurisdiction. These records are maintained pursuant to the Texas Family Code § 6.001, which establishes the grounds for divorce in the state of Texas. The Ellis County District Clerk's Office serves as the official custodian of these records, which document the entire legal process of marriage dissolution from initial filing through final decree.
Divorce records typically consist of several components:
- Petition for Divorce - The initial filing that commences the divorce proceeding
- Citation and Return of Service - Documentation showing proper notification to the respondent
- Answer or Waiver of Service - The respondent's formal reply to the petition
- Temporary Orders - Court directives governing conduct during the pendency of the case
- Final Decree of Divorce - The court's final judgment dissolving the marriage
These records serve multiple important functions in Ellis County, including providing:
- Legal proof of marital status change for remarriage purposes
- Documentation for name change processes
- Evidence for Social Security benefit adjustments
- Verification for loan applications and financial matters
- Supporting documentation for immigration proceedings
- Historical records for genealogical research
The Ellis County District Clerk maintains these records in accordance with state retention requirements and provides access to them according to Texas public information laws.
Are Ellis County Divorce Records Public?
Ellis County divorce records have a nuanced public access status governed by the Texas Public Information Act § 552.022. While most divorce case files are considered public records, certain components may be restricted from general public access.
The public accessibility of divorce records in Ellis County is structured as follows:
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Court divorce case files are generally available for public inspection, including:
- Petitions and responses
- Court orders and judgments
- Property division agreements (unless sealed)
- Child custody arrangements (with certain redactions)
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Restricted or sealed components may include:
- Financial affidavits and tax returns
- Social Security numbers and bank account information
- Medical and psychological evaluations
- Information pertaining to minor children
- Records sealed by judicial order for good cause
The Texas Family Code provides mechanisms for parties to request that sensitive information be sealed from public view when disclosure would create an undue risk of harm. In such cases, the court must balance the public's right to information against legitimate privacy concerns.
Certified divorce certificates, which provide official verification of a divorce decree, have more limited access. Pursuant to Texas Health and Safety Code § 181.1, these documents are available only to:
- The divorced parties themselves
- Immediate family members with proper identification
- Legal representatives with appropriate authorization
- Individuals who can demonstrate a direct, tangible interest
Members of the public seeking divorce records in Ellis County must submit requests through the Ellis County District Clerk's Office, which evaluates each request according to applicable state laws governing public information and confidentiality.
How To Find a Divorce Record In Ellis County in 2026
Members of the public seeking divorce records in Ellis County may utilize several methods to locate these documents. The Ellis County District Clerk serves as the primary custodian of divorce records for the county. Requestors should follow these steps:
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Determine the necessary information for your search:
- Full names of both parties to the divorce
- Approximate date of divorce filing or finalization
- Case number (if known)
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Contact or visit the Ellis County District Clerk:
Ellis County District Clerk
109 S. Jackson Street
Waxahachie, TX 75165
(972) 825-5070
Ellis County District Clerk
Office hours: Monday through Friday, 8:00 AM to 5:00 PM
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Submit a records request using one of these methods:
- In-person at the District Clerk's office
- By mail with a written request and appropriate fees
- Through the online records search portal
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Pay the required fees:
- Search fee: $5.00 per name searched
- Copy fees: $1.00 per page
- Certified copies: $1.00 per page plus $5.00 certification fee
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Present proper identification:
- Government-issued photo ID for public records
- Additional documentation for confidential records
For divorce records older than 50 years, requestors may also contact:
Ellis County Historical Museum
201 S. College Street
Waxahachie, TX 75165
(972) 937-0681
The Texas Department of State Health Services Vital Statistics Section also maintains a statewide index of divorce records dating back to 1968, which can be used to verify the county where a divorce was granted.
How To Look Up Divorce Records in Ellis County Online?
Ellis County provides convenient online access to certain divorce records through its digital records system. The online search capabilities allow members of the public to locate basic information about divorce proceedings without visiting the courthouse. To conduct an online search:
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Visit the Ellis County Online Records Search portal, which is maintained by the District Clerk's office.
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Create a user account if you don't already have one:
- Provide your name, email address, and create a password
- Accept the terms and conditions for records access
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Select "District Court Records" from the available search options.
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Enter search criteria in the appropriate fields:
- Party names (last name, first name)
- Case number (if known)
- Date range for filing or disposition
- Case type (select "Divorce" or "Family")
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Review the search results, which typically include:
- Case number and filing date
- Names of parties involved
- Case type and status
- Judge assigned to the case
- List of documents filed
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Select specific cases to view additional details and document listings.
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Purchase copies of available documents:
- Standard copies: $1.00 per page
- Payment accepted via credit card
Important limitations of the online system include:
- Not all documents may be available electronically, particularly for older cases
- Sealed or confidential documents will not be accessible online
- Cases involving minor children may have restricted information
- Complete case files may require an in-person visit
For technical assistance with the online records system, users may contact:
Ellis County IT Department
(972) 825-5033
Monday through Friday, 8:00 AM to 5:00 PM
How To Find Divorce Records for Free In Ellis County?
While most official divorce record searches in Ellis County involve fees, there are limited options for accessing basic divorce information at no cost. Members of the public seeking free access to divorce records may utilize the following methods:
- Public Access Terminals at the Courthouse:
Ellis County District Clerk's Office
109 S. Jackson Street
Waxahachie, TX 75165
The office provides public access computers where visitors may search basic case information at no charge. While viewing basic case information is free, printing documents incurs standard copy fees.
- Ellis County Law Library:
Ellis County Law Library
109 S. Jackson Street, 3rd Floor
Waxahachie, TX 75165
(972) 825-5035
The law library offers public access to legal research tools and basic case information. Library staff cannot provide legal advice but can assist with navigating research resources.
- Online Case Information:
The Ellis County District Clerk's website provides limited free access to case information, including:
- Case numbers
- Party names
- Filing dates
- Case status
- Hearing dates
While basic case information may be viewed without charge, accessing actual document images typically requires payment of fees.
- Texas Department of State Health Services:
The Texas DSHS Vital Statistics Section maintains an index of divorces granted in Texas since 1968. The index provides verification that a divorce occurred but does not include decree details.
Important limitations to be aware of:
- Free searches provide only basic information, not complete records
- Document copies always require payment of statutory fees
- Staff assistance for extensive searches may not be available without fees
- Historical records may not be included in free search options
What's Included in a Divorce Records In Ellis County
Divorce records in Ellis County contain comprehensive documentation of the entire dissolution process. These records are maintained by the Ellis County District Clerk in accordance with the Texas Rules of Civil Procedure and the Texas Family Code. A complete divorce file typically contains the following components:
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Initial Pleadings:
- Original Petition for Divorce - The document initiating the divorce proceeding
- Citation and Return of Service - Proof that the respondent was properly notified
- Respondent's Original Answer - The formal response to the petition
- Counter-Petition (if applicable) - The respondent's own divorce petition
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Temporary Orders and Proceedings:
- Temporary Restraining Orders - Emergency directives to maintain status quo
- Temporary Orders - Court directives governing conduct during the pendency of the case
- Motions and Responses - Requests for court action during the proceedings
- Discovery Documents - Information exchanged between parties (interrogatories, depositions)
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Financial Documentation:
- Inventory and Appraisement - Listing of all marital assets and liabilities
- Financial Information Statements - Disclosure of income, expenses, and resources
- Child Support Worksheets - Calculations for determining support obligations
- Qualified Domestic Relations Orders (QDROs) - Documents dividing retirement accounts
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Final Documents:
- Final Decree of Divorce - The court's final judgment dissolving the marriage
- Property Division Orders - Detailed allocation of marital property and debts
- Child Custody and Support Orders - Parenting plans and financial obligations
- Name Change Orders (if applicable) - Authorization to resume a previous name
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Post-Judgment Documents:
- Motions to Modify - Requests to change custody, support, or other provisions
- Enforcement Actions - Proceedings to compel compliance with court orders
- Appeals Documentation - Records related to challenges of the court's decisions
The level of detail in Ellis County divorce records varies based on whether the divorce was contested or uncontested, whether minor children were involved, and the complexity of property division issues. All documents filed become part of the official public record unless specifically sealed by court order.
How To Get Proof of Divorce In Ellis County?
Individuals requiring official proof of divorce in Ellis County have several options for obtaining certified documentation. The type of proof needed often depends on the purpose for which it will be used. The following methods are available:
- Certified Copy of Divorce Decree:
The most comprehensive proof of divorce is a certified copy of the Final Decree, available from:
Ellis County District Clerk
109 S. Jackson Street
Waxahachie, TX 75165
(972) 825-5070
Ellis County District Clerk
To obtain a certified copy:
- Submit a written request including names of both parties, approximate date of divorce, and case number (if known)
- Provide valid photo identification
- Pay the certification fee ($1.00 per page plus $5.00 certification fee)
- Allow 1-3 business days for processing if requesting by mail
- Verification Letter:
For some purposes, a verification letter confirming the divorce is sufficient:
- Submit a request to the District Clerk's office
- Include names of both parties and approximate date of divorce
- Pay the verification letter fee ($5.00)
- Specify whether the letter should be mailed or held for pickup
- Certificate of Divorce Record:
For divorces granted after 1968, a Certificate of Divorce Record can be obtained from:
Texas Department of State Health Services
Vital Statistics Section
P.O. Box 12040
Austin, TX 78711-2040
(888) 963-7111
This certificate provides basic information including:
- Names of parties
- Date and place of divorce
- Case number
The current fee is $20.00 per certificate, and applications can be submitted online through the Texas DSHS Vital Statistics website.
- Apostille or Authentication:
For international use, divorce documents may require additional certification:
- First obtain a certified copy from the Ellis County District Clerk
- Submit the certified copy to the Texas Secretary of State for apostille or authentication
- Pay the required fee ($15.00 per document)
- Allow additional processing time (typically 3-5 business days)
Can a Divorce Be Confidential In Ellis County?
While divorce proceedings in Ellis County are generally matters of public record, Texas law provides mechanisms for protecting sensitive information and, in certain circumstances, sealing portions of divorce files. The confidentiality of divorce records is governed by Texas Rule of Civil Procedure 76a and specific provisions of the Texas Family Code.
Circumstances under which divorce information may be confidential include:
- Automatic Redactions:
- Social Security numbers
- Bank account numbers
- Minor children's identifying information
- Medical records
- Certain financial account information
These redactions occur by operation of law and do not require a specific court order.
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Sealing by Court Order: Parties may petition the court to seal specific documents or entire case files by demonstrating:
- A specific, serious, and substantial interest that clearly outweighs the presumption of openness
- No less restrictive means would adequately protect the interest
- The sealing order is narrowly tailored to serve the interest
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Protective Orders: During discovery, sensitive information may be protected through:
- Confidentiality agreements between parties
- Protective orders limiting disclosure of certain information
- Filing documents under seal with court permission
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Special Circumstances:
- Cases involving family violence may have additional confidentiality protections
- Divorces involving high-profile individuals may warrant additional privacy measures
- Matters affecting children's welfare often receive heightened confidentiality
To request confidentiality for divorce records, parties must:
- File a written motion with the Ellis County District Court
- Provide specific reasons justifying the request
- Attend a hearing where the judge will consider the motion
- Obtain a court order specifically directing which records are to be sealed
It is important to note that even when records are sealed, certain government agencies may still access them for official purposes, and parties to the divorce retain their right to access the complete file.
How Long Does a Divorce Take In Ellis County?
The duration of divorce proceedings in Ellis County varies significantly based on several factors, including case complexity, level of agreement between parties, and court docket congestion. Under Texas law, specifically Texas Family Code § 6.702, a divorce cannot be finalized until at least 60 days after the petition is filed, establishing a minimum waiting period.
Typical timeframes for Ellis County divorces include:
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Uncontested Divorces (parties agree on all issues):
- Minimum: 60-90 days from filing to finalization
- Average: 2-4 months total
- Required steps include filing petition, waiting mandatory 60 days, submitting agreed decree, and attending brief final hearing
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Contested Divorces with Negotiated Settlement:
- Average: 4-8 months
- Process includes filing, discovery, negotiation, mediation, and final hearing
- Temporary orders hearings may extend the timeline
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Fully Contested Divorces (requiring trial):
- Average: 9-18 months
- Complex cases involving significant assets or custody disputes may take longer
- Multiple hearings, extensive discovery, and expert witnesses contribute to longer timelines
Factors that may extend the divorce timeline in Ellis County include:
- Court docket congestion (currently averaging 3-4 months for trial settings)
- Discovery disputes requiring judicial intervention
- Multiple temporary orders hearings
- Custody evaluations (typically adding 3-4 months)
- Business valuation processes
- Real estate appraisals and complex property division
- Appeals of temporary orders
Factors that may expedite the process include:
- Collaborative divorce approach
- Early and successful mediation
- Limited assets and no minor children
- Pre-filing agreement on major issues
- Use of agreed temporary orders
According to statistics from the Office of Court Administration, the average disposition time for family law cases in Ellis County is approximately 6.7 months, though individual cases may vary significantly from this average.
How Long Does Ellis County Keep Divorce Records?
Ellis County maintains divorce records according to the retention schedules established by the Texas State Library and Archives Commission under the authority of Texas Local Government Code § 203.041. These schedules dictate the minimum period for which different types of court records must be preserved.
The retention periods for divorce records in Ellis County are as follows:
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Case Files and Final Decrees:
- Permanent retention
- These records are never destroyed and are maintained indefinitely
- After a certain period (typically 10-15 years), older records may be transferred to microfilm or digital format
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Indexes to Divorce Cases:
- Permanent retention
- Maintained as finding aids to locate specific case files
- Available in both physical and electronic formats
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Temporary Orders and Procedural Documents:
- Minimum retention of 3 years after case disposition
- May be retained longer at the discretion of the District Clerk
- Often maintained with the permanent case file
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Exhibits:
- Retained for 30 days after the case becomes final
- May be reclaimed by the submitting party during this period
- After 30 days, may be destroyed unless specifically ordered retained
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Audio/Video Recordings of Proceedings:
- Retained for a minimum of 3 years after case disposition
- Transcripts of proceedings are retained permanently as part of the case file
The Ellis County District Clerk's Office has implemented a comprehensive records management program that includes:
- Digital conversion of older records
- Climate-controlled storage for physical records
- Backup systems for electronic records
- Disaster recovery protocols
For research purposes, divorce records dating back to the county's formation in 1849 are available, though the format and accessibility of older records may vary. Records from approximately 1990 forward are generally available in electronic format, while older records may exist only in physical form or on microfilm.
How To Get a Divorce In Ellis County
Individuals seeking to dissolve a marriage in Ellis County must follow specific procedures established by Texas law. The divorce process involves several steps, from initial filing through final decree:
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Establish Eligibility:
- Either spouse must have been a Texas resident for at least six months
- Either spouse must have lived in Ellis County for at least 90 days
- These residency requirements are mandated by Texas Family Code § 6.301
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Prepare and File Initial Documents:
- Original Petition for Divorce
- Civil Case Information Sheet
- Information on Suit Affecting the Family Relationship form
- Submit documents to:
Ellis County District Clerk
109 S. Jackson Street
Waxahachie, TX 75165
(972) 825-5070
Ellis County District Clerk
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Pay Filing Fees:
- Current filing fee: Approximately $300-350
- Additional fees for citation service if required
- Fee waivers available for qualifying low-income individuals (Statement of Inability to Afford Payment of Court Costs)
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Serve the Other Spouse:
- Formal service through constable or private process server
- Waiver of service signed by respondent (if cooperative)
- Publication service for respondents who cannot be located
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Wait for Response:
- Respondent has 20 days plus the next Monday to file an Answer
- If no response is filed, petitioner may proceed with default judgment
- If contested, case proceeds to temporary orders and discovery phase
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Negotiate Settlement or Prepare for Trial:
- Mediation is required in most contested cases
- Temporary orders may address interim support, property use, and child custody
- Discovery process to exchange financial information and evidence
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Finalize the Divorce:
- Wait mandatory 60-day waiting period from date of filing
- Submit Final Decree of Divorce for court approval
- Attend final hearing (uncontested hearings typically brief)
- Judge signs Final Decree making divorce official
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Post-Divorce Requirements:
- File any Qualified Domestic Relations Orders (QDROs) for retirement accounts
- Record deed transfers for real property
- Update estate planning documents
For assistance with the divorce process, individuals may contact:
Ellis County Law Library
109 S. Jackson Street, 3rd Floor
Waxahachie, TX 75165
(972) 825-5035
Legal Aid of Northwest Texas - Waxahachie Office
100 N. College Street, Suite 1400
Waxahachie, TX 75165
(866) 614-3344
How To Get Divorce Papers In Ellis County
Individuals initiating or responding to divorce proceedings in Ellis County have several options for obtaining the necessary legal forms. The required documents vary based on the specific circumstances of each case, including whether children are involved and if the divorce is contested or uncontested.
The following resources are available for obtaining divorce papers:
- Ellis County District Clerk's Office:
Ellis County District Clerk
109 S. Jackson Street
Waxahachie, TX 75165
(972) 825-5070
Ellis County District Clerk
The clerk's office provides basic divorce forms for a nominal fee. While staff cannot provide legal advice, they can confirm which forms are required for filing.
- Ellis County Law Library:
Ellis County Law Library
109 S. Jackson Street, 3rd Floor
Waxahachie, TX 75165
(972) 825-5035
The law library maintains reference copies of divorce forms and legal practice guides. Visitors may use these resources to prepare their own documents.
- Texas Law Help Website:
TexasLawHelp.org offers free, downloadable divorce forms approved by the Texas Supreme Court, including:
- Divorce petition forms (with and without children)
- Waiver of service forms
- Final decree templates
- Child support worksheets
- Property division inventories
- Texas Supreme Court Approved Forms:
The Texas Judicial Branch website provides standardized forms specifically approved for use by self-represented litigants in uncontested divorces.
- Legal Aid Services:
Legal Aid of Northwest Texas - Waxahachie Office
100 N. College Street, Suite 1400
Waxahachie, TX 75165
(866) 614-3344
Legal Aid provides assistance to qualifying low-income individuals, including help with divorce paperwork.
Important considerations when obtaining divorce papers:
- Standard forms may not address complex situations involving significant assets, businesses, or special needs children
- Forms must be completed accurately and completely to avoid processing delays
- Notarization is required for certain documents
- Multiple copies are typically needed for filing and service
- Local rules may require additional forms specific to Ellis County
For contested divorces or complex situations, consultation with a licensed attorney is strongly recommended, as improper documentation can have significant legal consequences.