Madison County Divorce Records
Madison County divorce records are kept by the District Clerk at the courthouse in Madisonville. If you need to look up a divorce case filed in this county, or get a copy of a final decree, the District Clerk's office on West Main is where you go. The county is in East Central Texas and serves a smaller population, so most requests are handled quickly. Both in-person and mail requests are accepted. The statewide re:SearchTX system can also help you find basic case information online.
Madison County Overview
Madison County District Clerk
The District Clerk's office in Madison County maintains all divorce records filed in the county. The office is in Room 226 at the courthouse on West Main in Madisonville. Staff handle record searches, copies, and certifications for divorce cases and other civil matters. In-person requests are preferred, but mail requests are also accepted.
The courthouse also houses the County Clerk's office in Room 201, one floor below. The County Clerk handles marriage licenses and property records, while the District Clerk handles divorce filings and family court cases. If you are unsure which office you need, call ahead. The two offices are close in location but serve different functions.
| Office | Madison County District Clerk |
|---|---|
| Address |
101 W Main, Room 226 Madisonville, TX 77864 |
| Phone | (936) 348-9203 |
| Hours | Monday through Friday, standard county hours (call to confirm) |
| Website | co.madison.tx.us |
How to Search Madison County Divorce Records
The best way to search for a divorce case in Madison County is to contact the District Clerk's office directly. In-person visits let you look at the file and get certified copies right away. Mail requests take longer but work fine if you are not local. The statewide re:SearchTX system is available online for basic case lookups without needing to visit the courthouse.
The Madison County official website has contact details and links to county offices including the District Clerk.
The county website is a good starting point to verify hours, phone numbers, and what documents you need to bring for record requests.
When you contact the District Clerk, have this ready:
- Full names of both parties (use maiden name for females if applicable)
- Approximate year the divorce was filed or finalized
- Case number if you have it
- Valid photo ID for in-person visits
Copy fees in Madison County follow the standard Texas rate of $1 per page. Certified copies cost an additional $5 per document. Mail requests should include a self-addressed stamped envelope and payment if required.
Divorce Filing Process in Madison County
Divorces in Madison County follow Texas Family Code Chapter 6. You start by filing an Original Petition for Divorce with the District Clerk. That filing creates the case record. Everything filed after that point is added to the case file and kept at the courthouse.
To file in Madison County, at least one spouse must meet the residency requirement in Texas Family Code § 6.301: six months in Texas and 90 days in Madison County. If neither spouse meets that requirement, the court will not accept the filing.
Texas allows no-fault divorce under Texas Family Code § 6.001, based on insupportability. This means you do not have to prove any wrongdoing. The court just needs to find that the marriage has broken down and cannot be saved. Fault-based grounds are also available, such as cruelty under § 6.002 or abandonment under § 6.005, but they add complexity to the case.
After filing, Texas law requires a mandatory 60-day waiting period before the divorce can be finalized under Texas Family Code § 6.702. Exceptions may apply in cases involving family violence. If both parties agree on all terms, an Agreed Final Decree can be signed after the waiting period. Contested cases may need mediation or a trial before the judge signs the decree.
Property division in Texas divorces follows community property rules under Texas Family Code Chapter 7. The court divides marital property in a way that is just and right. Official forms are free at txcourts.gov.
What Madison County Divorce Records Contain
A divorce case file at the Madison County District Clerk holds all documents filed during the case. The original petition is in there, along with any temporary orders, waiver of service, agreements, and the signed final decree. The file is organized by cause number and can be accessed by the public unless the court ordered it sealed.
The Final Decree of Divorce is the most important document in any divorce file. It is the court's signed order ending the marriage and setting out all terms, including property division, custody arrangements, child support, and any spousal maintenance. Certified copies of the decree are used for name changes, Social Security updates, and many other legal purposes. Plain copies are cheaper but are not always accepted as official proof.
The Texas DSHS Vital Statistics Section keeps a statewide index of divorces from 1968 to the present. You can request a verification letter at dshs.texas.gov. That letter confirms whether a divorce is on file with the state but does not include the full case record. For the complete file, you need to go through the Madison County District Clerk.
Note: Some financial documents in the file, like tax returns or pay stubs, may have restricted access. Records involving children may also be limited in certain circumstances.
Legal Help for Divorce in Madison County
If you need legal help with a divorce in Madison County, a few resources can point you in the right direction. Lone Star Legal Aid covers the Houston area and parts of East Texas, which includes Madison County. Call (800) 733-8394 or visit their website to see if you qualify for free or reduced-cost assistance.
The State Bar of Texas referral line at (800) 252-9690 can help you find a local family law attorney. You can also search online at texasbar.com. For self-help, TexasLawHelp.org has plain-language guides on filing for divorce in Texas. Free official forms are at txcourts.gov. The Texas Judicial Branch website also links to court resources statewide.
Cities in Madison County
Madison County's main community is Madisonville, the county seat. All divorce filings for Madison County residents go through the District Court in Madisonville.
Other communities in Madison County include Midway and North Zulch. None of these communities have a separate city page, but all residents file divorce cases at the Madison County courthouse in Madisonville.
Nearby Counties
Madison County is in East Central Texas. These neighboring counties each have their own District Clerk. File in the county where you or your spouse has lived for at least 90 days.