Access Upshur County Divorce Records

Upshur County divorce records are on file at the District Clerk's office in Gilmer. The District Clerk maintains all case files for divorce and family law matters filed in Upshur County. If you need to look up a case, request copies of a Final Decree of Divorce, or verify a divorce was granted here, the District Clerk is the right place to start. You can visit the courthouse during business hours or send a mail request if you cannot come in person.

Upshur County District Clerk

The Upshur County District Clerk in Gilmer keeps all divorce records for the county. This office manages case files, court orders, and judgments for cases filed in the 115th Judicial District Court, which serves Upshur County. Staff can search by name or cause number and make copies of documents.

Upshur County is in Northeast Texas. The courthouse is in Gilmer, the county seat. If you live in Upshur County and meet the state residency requirements, you file your divorce here. The District Clerk is open Monday through Friday during normal business hours. If you need to call ahead, county contact information is listed on the county website at upshurcountytx.com, though the site had connectivity issues during research. Contact the courthouse directly for the most current phone number.

Texas divorce forms, approved by the Texas Supreme Court, are available at txcourts.gov/rules-forms/forms and apply to all Texas counties including Upshur County.

The forms page includes Supreme Court Approved Divorce Forms for cases with and without children, as well as self-help guides for people who represent themselves.

How to Get Upshur County Divorce Records

The main way to get Upshur County divorce records is to visit the courthouse in Gilmer in person. Bring a photo ID and the names of both parties. Staff will search the index and provide copies. For certified copies of the Final Decree of Divorce, you can usually get them the same day during business hours.

If you cannot come in person, mail a written request to the Upshur County District Clerk at 405 N. Titus St., Gilmer, TX 75644. Include the full names of both parties, the approximate year the divorce was filed, and the cause number if available. Include a check or money order for copy and search fees.

The statewide re:SearchTX portal may have index information for Upshur County cases. Check there first to confirm a case exists and find the cause number before requesting copies from the clerk. For statewide divorce verification letters, the Texas DSHS Vital Statistics Section at dshs.texas.gov/vital-statistics can provide a letter for $20 for divorces from 1968 to the present.

Upshur County Divorce Fees

Filing a divorce petition in Upshur County costs in the range of $300 or more. Texas law sets the base fee, and local surcharges may apply. Cases involving children may be slightly higher due to required reporting fees. Copy fees are usually $1 per page, and certified copies add a $5 certification fee per document.

If you cannot afford to pay, file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. Free forms are available at txcourts.gov/rules-forms/forms. Call the District Clerk to ask about current fee amounts before you file.

Filing for Divorce in Upshur County

All divorces in Upshur County are governed by Texas Family Code Chapter 6. You must have lived in Texas for at least six months and in Upshur County for at least 90 days before filing. This rule comes from Texas Family Code § 6.301. If you meet these requirements, file at the courthouse in Gilmer.

The most common ground for divorce in Texas is insupportability under Texas Family Code § 6.001. You are saying the marriage has broken down and cannot be repaired. No proof of wrongdoing is needed. Fault grounds such as cruelty, adultery, abandonment, and felony conviction are available in cases where they apply.

Once the petition is filed and the other spouse is served, a 60-day waiting period starts. Under Texas Family Code § 6.702, no divorce can be granted before those 60 days are up. The exception is when family violence is involved. After the waiting period, agreed cases can close quickly. Disputes go to mediation or a court hearing.

Property is divided under Texas community property rules in Texas Family Code Chapter 7. Marital property is split in a just and right manner. Separate property from before the marriage, gifts, and inheritances that were kept separate stay with the original owner.

Legal Resources for Upshur County

Lone Star Legal Aid serves Northeast Texas and may assist low-income Upshur County residents with family law matters. Visit lonestarlegal.org or call (800) 733-8394. The State Bar of Texas lawyer referral line is (800) 252-9690. Search for attorneys near Gilmer at texasbar.com.

TexasLawHelp at texaslawhelp.org has self-help guides for divorce, custody, and child support. Official Supreme Court Approved Divorce Forms are free at txcourts.gov/rules-forms/forms.

Communities in Upshur County

Upshur County includes Gilmer and surrounding smaller communities. All divorce cases filed by county residents go through the District Court in Gilmer.

Communities in Upshur County include Gilmer, Big Sandy, Ore City, Diana, and Gladewater (partially). City and municipal offices do not handle divorce records. All family law filings and case files are kept at the Upshur County District Clerk's office in Gilmer.

Nearby Counties

These counties border Upshur County. Confirm your address falls in Upshur County before filing here.