Smith County, Texas Divorce Records
Smith County divorce records are legal documents that contain details about divorce proceedings handled by the county court system. A divorce proceeding is a court process that formally dissolves a marriage. In Smith County, divorce records typically contain the terms of the divorce and other pertinent information. They may also be required to prove that a divorce proceeding has been finalized for certain official applications and processes, such as a name change on a Social Security card, license, and other legal documents.
Smith County divorce statistics: According to the United States Census Bureau 2024 ASC Statistics, Smith County had a household population of 242,842 persons, of which 6.7% (6,508) of males and 11.8% (12,377) of females aged 15 years or older are divorced. Compared to 2023, when 8,301 male and 12,429 female divorcees were reported, Smith County had a 24.37% decrease in male and a 0.42% decrease in female divorcees in 2024.
Are Divorce Records Public in Smith County?
Yes. Smith County divorce records are considered public under the Common Law Right of Access. Consequently, anyone may access these records through the Smith County District Clerk and other official custodians.
However, certain information in divorce records may be exempt from public disclosure under several federal and state laws, including the Texas Government Code (GC) Chapter 552, Subchapter C. As a result, they are usually redacted before divorce records are made public. Some examples include Social Security Numbers (GC Sec. 552.147), banking information (GC Sec. 552.136), medical and mental health information, and children's identifying information. Record holders may also petition to get their divorce record sealed, which would restrict public access to it.
How to Find Divorce Records in Smith County
Interested persons may find Smith County divorce records through the Smith County District Clerk’s office or the Texas Department of State Health Services (DSHS), depending on the type of record and the year when the divorce was recorded. The Smith County District Clerk’s office is the primary custodian of divorce decrees, while the DSHS issues verification letters for divorces that occurred after 1968. Regardless of the public office or agency from which an individual seeks Smith County divorce records, they must provide the names of the parties to the divorce (i.e., the former spouses) to accurately identify the sought-after record.
Generally, individuals may search for Smith County divorce records using the following steps:
- Step 1 - Gather information about the divorce: This may include the names of the parties to the divorce (i.e., the former spouses), the date of the divorce, the location where the divorce was recorded, and the divorce parties’ Social Security numbers (if known). These details are the primary criteria for conducting a divorce record search.
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Step 2 - Prepare relevant fees: The Smith County District Clerk may charge requesters the following fees for divorce records:
- $1 per page for documents between 0 and 15 pages
- $15 per document made up of 16 pages or more
- $1 per page to certify a document
Meanwhile, the DSHS charges $20.00 for divorce verification and an additional $5.00 for expedited processing of a record request.
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Step 3 - Complete the request form or use the online resources provided by record custodians: The Smith County District Clerk does not provide a dedicated request form for ordering a divorce decree. However, individuals may use the clerk’s Public Search Site to search and access divorce records online. Alternatively, they may request divorce records in person by visiting the District Clerk’s office during regular business hours at:
100 North Broadway, Room 204
Tyler, TX 75702
Phone: (903) 590-1660
Fax: (903) 590-1661On the other hand, the DSHS provides a Dedicated Application for Marriage or Divorce Records that individuals may use to request divorce records by mail or in person. The application form contains the appropriate address for in-person and by mail submission. Alternatively, interested persons may use the DSHS Order Vital Records portal to order Smith County divorce verifications from 1968 to the present online.
| Method | Where to Go | Info Needed | Cost | Processing Time |
|---|---|---|---|---|
| Online | Smith County District Clerk’s Public Search Site (for public court records of local divorce proceedings). Or DSHS’s Order Vital Records portal (for divorce verifications from 1968 to the present) | Identifiable Information about the divorce record, such as the names of involved parties, their Social Security number (if known), the divorce date and location, and the requester’s valid ID | The District Clerk’s portal is free. And DSHS’s portal is subject to a $20.00 fee per record. | The District Clerk’s portal provides instant results And The DSHS’s portal has a 20 to 25-day processing time. |
| In Person | The Smith County District Clerk’s Office Or The DSHS’s Austin Office | Identifiable Information about the divorce record and the requester’s valid ID(for the Smith County District Clerk’s Office) And A completed DSHS Application for Marriage or Divorce Records and the requester’s valid ID (for the DSHS) | The District Clerk charges $1 per page for documents between 0 and 15 pages, $15 per document made up of 16 pages or more, and $1 per page to certify a document. And The DSHS charges $20.00 for divorce verification | Same-day processing may be available in most cases |
| By Mail | The DSHS’s Austin Office only | A completed DSHS Application for Marriage or Divorce Records and the requester’s valid ID | $20.00 | 6 – 8 weeks |
Overview of the Smith County Court System
In Smith County, District Courts have original jurisdiction over family law matters, including divorce cases. The county has five (5) District Courts, any of which can handle locally filed divorce cases. Meanwhile, the Smith County District Clerk serves as the office of records for all proceedings, including divorce filings, handled by the county District Courts. The physical address and contact information of the Smith County District Courts and the County District Clerk's office are listed below:
Smith County 7th District Court
100 N Broadway, Room 203
Smith County Courthouse
Tyler, TX 75702
Phone: (903) 590-1660
Fax: (903) 590-1661
Smith County 114th District Court
100 N. Broadway, Room 212
Smith County Courthouse
Tyler, TX 75702
Smith County 241st District Court
100 N. Broadway, Room 114
Smith County Courthouse
Tyler, TX 75702
Smith County 321st District Court
200 East Ferguson Street, Fifth Floor
Smith County Courthouse Annex
Tyler, TX 75702
Phone: (903) 590-1601
Fax: (903) 590-1606
Smith County 475th District Court
100 N. Broadway, Room 220
Smith County Courthouse
Tyler, TX 75702
Smith County District Clerk
100 North Broadway, Room 204
Tyler, TX 75702
Phone: (903) 590-1660
Fax: (903) 590-1661
Online Access to Smith County Divorce Records
Interested persons may find Smith County divorce records online through the Smith County Public Search Site. Generally, the website is searchable by record number or party name, and Smith County jail and court records, including divorce records, are accessible for free.
The Texas Department of State Health Services (DSHS) Vital Statistics Section also provides online access to state-wide marriage and divorce indexes. Indexes for Smith County divorces from 1968 to the present are accessible through the DSHS’s marriage and divorce indexes webpage. Typical information these indexes contain includes:
- The file number
- Names and ages of both parties
- Marriage date
- Number of children under 18 years
- Date the marriage was dissolved
- County name and code where the divorce decree is filed
Besides government-provided resources, individuals may use certain third-party aggregate websites to request and access Smith County divorce records online. These third-party websites are privately operated and are typically not affiliated with government entities. As a result, the completeness and accuracy of the records they provide are not guaranteed. Additionally, users are usually charged a fee for conducting divorce records searches through them.
What’s Typically Included in a Smith County Divorce Record
Smith County divorce records are comprised of different documents filed with and generated by the presiding court during divorce proceedings. These include, but are not limited to:
- The original divorce petition
- Proof of service
- Notices
- Response to the petition
- Inventory and appraisement of marital property
- Financial information statements
- Parenting plan
- Child support orders
- Transcripts
- Claims
- Property settlement agreement
- Divorce decree
Note: Sensitive records and information in Smith County divorce records are usually sealed or redacted. Some examples include children’s identifying information, Social Security numbers, abuse claims, and financial information.
| Information | Available to the Public? |
|---|---|
| The original divorce petition | Yes |
| Proof of service | Yes |
| Notices | Yes |
| Response to the divorce petition | Yes |
| Identifying information about the spouses’ children | No |
| Social security number | No |
| Abuse claims | No |
| Financial information | No |
How to Get Certified Copies of Smith County Divorce Records
Certified copies of Smith County divorce records are obtainable through the Smith County District Clerk’s office. Record seekers may visit the District Clerk’s office during regular working hours to request certified copies of divorce records. The clerk charges $1 per page for certified copies of divorce records. Requesters must provide certain details about the sought divorce record to assist in its identification. These may include the names of the parties to the divorce, each party's Social Security Number (if known), and the date of the divorce. They may also need to present a valid ID when making requests
On the other hand, a divorce verification letter is an informational document that contains basic details about the dissolution of a marriage. These records are not considered legally valid. As a result, they can only be used for unofficial purposes, such as genealogy research and verifying divorce details. Generally, Smith County divorce verification letters from 1968 to the present are available only through the Texas Department of State Health Services (DSHS).
| Type of Copy | Use Case | Who Can Request | Legally Valid? |
|---|---|---|---|
| Certified Copy | Remarriage, name change, immigration proceedings, etc. | Anyone | Yes |
| Verification letter | Genealogy research and verifying basic details about a divorce. | Parties named in the record and their authorized representatives | No |
Smith Divorce Records Summary
| Custodian | Available Record Type | Access Method | Fees & Notes |
|---|---|---|---|
| Smith County District Clerk | Regular and certified copies of divorce records | In person and online | $1 per page for documents with 15 pages or fewer, and $15 per document for documents with 16 pages or more. |
| Texas Department of State Health Services (DSHS) | Divorce verification letter (1968 to the present only) | In person, online, and by mail | $20 per copy; includes only basic information about a divorce, including the divorced parties' names, divorce date, case number, e.t.c. |
| Third-Party Websites | Aggregated public records, including divorce records. | Online | Fees vary by website |