Find Divorce Decree Records in Waller County
Waller County divorce decree records are on file at the District Clerk's office at the Waller County Justice Center in Hempstead. The office handles all divorce filings and stores final decrees for the 506th Judicial District Court. If you need to search for a case, get a certified copy of a divorce decree, or find out the status of a pending matter, the District Clerk is the right office to contact. Waller County is part of the greater Houston area, and the court processes cases for all communities in the county.
Waller County Overview
Waller County District Clerk
The Waller County District Clerk's office is at the Waller County Justice Center in Hempstead. This office keeps all divorce decree records for the county. It handles both civil and criminal records for the 506th Judicial District Court and the statutory County Court at Law. Staff answer phones and assist with records requests during regular business hours.
One important note: as of August 1, 2024, the Waller County District Clerk no longer accepts personal checks. You can pay by money order, cashier's check, credit card, or cash (for amounts under $100). Plan ahead if you need to make a payment in person.
| Office | Waller County District Clerk |
|---|---|
| Address |
400 Sheriff R. Glenn Smith Dr. Hempstead, Texas 77445 |
| Phone | (979) 826-7735 |
| Fax | (979) 481-5672 |
| Hours | Monday through Friday, 8:00 AM to 4:30 PM |
| Website | co.waller.tx.us |
Search Waller County Divorce Decree Records
The Waller County District Clerk provides a public access site for court records. The county notes that no document images are available on the public access site. If you see a case listed and want a copy of a filing, you need to contact the office directly at (979) 826-7735 or go in person.
You can also use the statewide re:SearchTX portal to search Waller County divorce cases. This system lets you look up cases by name or cause number and view documents in many cases at no cost. Create a free account to get the most out of the search tools. The same login works for eFileTexas, the state's electronic filing system.
Starting January 1, 2016, attorneys filing civil cases, family law cases, and tax cases in the 506th Judicial District Court must file electronically. If you are representing yourself, you can still file in person or by mail. Call the office first to confirm the current procedure for self-represented filers.
Note: You will need a full name and approximate filing year to start a search. A cause number speeds things up and avoids a name search fee.
Waller County Divorce Fees
Waller County has a detailed fee schedule for divorce filings. The total base filing fee for a divorce case is $268.00. This amount breaks down into several state and local charges. Here is what that total includes:
- Clerk's Basic Filing Fee: $50.00
- State Consolidated Fee: $45.00
- Judicial Support Fee: $42.00
- Statewide E-Filing Fee: $30.00
- Law Library Fee: $20.00
- Family Protection Fee: $15.00
- Court Reporter Fee: $15.00
- Other fees: records management, security, appellate, and more
The full fee breakdown is on the District Clerk's website at co.waller.tx.us/page/District.Clerk.Fees. Copies of decree documents cost $1.00 per page, plus a $5.00 certification fee for certified copies. Additional fees may apply for serving the other spouse or filing motions after the case opens.
If you cannot afford court costs, you can file a Statement of Inability to Afford Payment of Court Costs. Official forms are at txcourts.gov. The court decides if you qualify based on your income and circumstances.
Divorce Decree Filing in Waller County
Filing for divorce in Waller County follows the same rules as the rest of Texas. Under Texas Family Code Section 6.301, one spouse must have lived in Texas for six months and in Waller County for at least 90 days before filing. The case is filed with the 506th Judicial District Court through the District Clerk.
The no-fault ground for divorce in Texas is insupportability under Section 6.001. You do not need to prove wrongdoing. Texas also allows fault-based divorce on grounds like cruelty, adultery, abandonment, or felony conviction, but these require evidence. Most cases in Waller County use the no-fault ground.
Texas law under Section 6.702 requires a 60-day waiting period after the petition is filed before a judge can grant the divorce. This gives both parties time to consider the situation. After the waiting period, if both spouses agree on all terms, the judge can sign the Final Decree of Divorce at an uncontested hearing. If there is a dispute, the case may go to mediation or trial.
Property in Texas marriages is divided under community property rules in Chapter 7 of the Family Code. The court divides community property in a way that is just and right. Each spouse keeps their separate property, which includes what they owned before marriage and anything they received as a gift or inheritance.
What Waller County Divorce Decrees Include
A Final Decree of Divorce from Waller County is the official court order ending the marriage. It includes the names of both parties, the date of marriage, and the date the court signed the order. For cases involving children, the decree includes a conservatorship arrangement, a standard possession order, and any child support amounts set by the court.
Property terms are also in the decree. The court divides real estate, vehicles, bank accounts, retirement accounts, and debts as part of the final judgment. Spousal maintenance, if ordered under Texas Family Code Chapter 8, is listed with the amount and duration. Most people need a certified copy of the decree to prove the divorce is final, change a name, or update beneficiary designations.
Most Waller County divorce records are public. Some sensitive exhibits, like tax returns, and records involving children may have limited access. The Texas DSHS Vital Statistics office keeps a statewide divorce index from 1968 forward. It can verify a divorce happened but does not issue copies of decrees. For certified copies, contact Waller County directly.
Help with Waller County Divorce Cases
Residents of Waller County can find help at several state and local resources. TexasLawHelp.org has free self-help guides on divorce, child custody, and support. The Texas State Law Library at guides.sll.texas.gov/divorce has step-by-step guides on the divorce process and links to official forms.
All official Texas court forms are available at txcourts.gov/rules-forms. The State Bar of Texas lawyer referral service is at (800) 252-9690. You can also search for a family law attorney at texasbar.com. For child support help after a decree is signed, contact the Texas Attorney General's Child Support Division.
The Texas Judicial Branch provides resources for all courts in the state, including Waller County's 506th District Court.
Waller County divorce cases go through the 506th Judicial District Court. The Texas courts website has rules, forms, and information about the e-filing system.
Cities in Waller County
Waller County includes Hempstead and several smaller communities. All divorce cases in the county are handled at the Waller County District Court in Hempstead. No cities in Waller County meet the population threshold for a dedicated city page.
Communities in Waller County include Hempstead, Katy (partial), Prairie View, Brookshire, and Waller. All divorce filings go through the District Clerk at the Justice Center in Hempstead.
Nearby Counties
These counties border Waller County. Each has its own District Clerk and courthouse. File in the county where you or your spouse has lived for at least 90 days before filing.