Divorce Records in Loving County
Loving County divorce records are held at the District Clerk's office in Mentone. Loving County is the least populated county in the United States, with only a handful of residents, but it operates a full courthouse and maintains divorce records like every other Texas county. If you need to search for a divorce case filed here, this page covers how to contact the clerk, what to expect, and how Texas divorce law applies to this county.
Loving County Overview
Loving County District Clerk
The District Clerk in Mentone is the official keeper of all court records for Loving County. This includes any divorce cases that have been filed in the county. Because of the extremely small population, the clerk's office handles a very limited volume of cases. In small counties like Loving, a single clerk may serve multiple roles. It is essential to call ahead before visiting, as hours and staffing may differ from larger county courthouses.
Loving County is in West Texas near the New Mexico border, in the Permian Basin region. Despite its tiny population, it has full county government functions including a district court. The 143rd District Court covers Loving County for family law matters. The county website at co.loving.tx.us has basic contact information for the courthouse.
| Office | Loving County District Clerk |
|---|---|
| Address |
Loving County Courthouse 100 Bell Street Mentone, TX 79754 |
| Phone | (432) 377-2441 |
| Hours | Call ahead to confirm current hours |
| Website | co.loving.tx.us |
The Loving County official website provides contact information for the county courthouse in Mentone.
Because Loving County is the smallest county in the US, calling the office before making the trip is strongly recommended to confirm availability.
How to Access Loving County Divorce Records
Searching Loving County divorce records is done through the District Clerk's office in Mentone. You can visit in person or send a mail request. Given the remote location of the courthouse and the small staff, calling (432) 377-2441 before visiting is strongly recommended. The clerk can confirm what you need and whether the records you want are available.
For a mail request, write to the Loving County District Clerk at the courthouse address. Include the full names of both parties and an approximate year of the divorce. Enclose a check or money order for the expected copy fee. Add a self-addressed stamped envelope so the clerk can send back the documents.
The statewide re:SearchTX system may have some cases from Loving County but coverage for this small court is limited. For older records or confirmed searches, contacting the clerk directly is the best approach. The Texas DSHS divorce index at dshs.texas.gov can verify basic information about divorces since 1968 but does not provide full records.
Divorce Filing in Loving County
Texas divorce law under Texas Family Code Chapter 6 applies to all divorces in Loving County. To file here, one spouse must have lived in Texas for six months and in Loving County for at least 90 days, per Section 6.301. Given that very few people live in Loving County, most divorce filings here involve people who work in the county or have a residence there connected to the oil and gas industry.
Texas allows no-fault divorce under Section 6.001 based on insupportability, meaning the marriage has broken down beyond repair. Fault grounds such as cruelty, adultery, abandonment, felony conviction, living apart for three years, and confinement in a mental hospital are also available. Fault grounds can affect how the court handles property division under Chapter 7.
Once the petition is filed, a 60-day waiting period applies under Section 6.702 before the court can finalize the divorce. This waiting period can be waived only in specific circumstances involving family violence. After the waiting period, if both parties agree, the case can conclude at a short hearing. Contested cases require more steps and may involve mediation or a trial.
Standard forms approved by the Texas Supreme Court are available for free at txcourts.gov. These forms work for divorces with and without children and are designed for people representing themselves.
Loving County Divorce Record Fees
Loving County follows the standard Texas fee structure for District Clerk services. Filing fees are set by state law and include several surcharges for court operations. The exact amount depends on the type of case. Call the clerk at (432) 377-2441 to confirm the current fee before filing.
Copies of records cost $1 per page. Certified copies require an additional $5 certification fee. People who cannot pay can ask for a fee waiver by submitting a Statement of Inability to Afford Payment of Court Costs. The form is available at txcourts.gov or at the courthouse.
Note: Due to limited staffing in Loving County, processing times for mail requests may be longer than in larger counties. Plan accordingly.
Loving County Divorce Record Contents
A Loving County divorce file contains the Original Petition for Divorce, proof of service, any temporary orders, financial documents, and the Final Decree of Divorce. The Final Decree is the key document. It is signed by the district court judge and legally ends the marriage. It spells out property division, any support orders, and, if children are involved, a conservatorship arrangement and child support terms.
Certified copies of the final decree are needed for legal tasks like changing your name, updating financial accounts, or dividing a retirement account. The clerk in Mentone can provide certified copies for the standard $5 certification fee plus per-page copy costs.
Most Loving County court records are public under Texas law. Some documents may be restricted by court order if they contain confidential financial information or data about minors. The clerk can advise you on what is available in a particular case.
Legal Resources for Loving County
Residents of Loving County can access legal help through Lone Star Legal Aid. They cover West Texas and provide family law services to income-qualifying applicants. Reach them at (800) 733-8394 or visit lonestarlegal.org.
Self-help divorce guides are at texaslawhelp.org. The State Bar of Texas runs a lawyer referral service at (800) 252-9690, with an attorney search at texasbar.com. Court forms are free at txcourts.gov.
Nearby Counties
Loving County is in the Permian Basin and borders these West Texas counties. Each has its own District Clerk for divorce records.