Waller County Divorce Records
Waller County divorce records are kept at the District Clerk's office in Hempstead. The District Clerk is the official custodian of all divorce filings, decrees, and family law case files for cases filed in the county. If you need to search for a divorce case, get a certified copy of a Final Decree of Divorce, or confirm a divorce was filed here, the District Clerk in Hempstead is the office to contact. Records can be accessed in person or by mailing a written request.
Waller County Overview
Waller County District Clerk
The Waller County District Clerk maintains all divorce records for the county. The office is at the courthouse in Hempstead. The 506th Judicial District Court serves Waller County and handles divorce and family law matters. Staff can search case files by name or cause number and provide certified copies of court documents.
Waller County is west of Houston, along the US 290 corridor. The county has seen growth in recent decades. All divorce cases filed by Waller County residents go through the District Court in Hempstead. If you are unsure whether your address falls in Waller County or a neighboring county like Harris or Austin County, check your county of residence before filing.
| Office | Waller County District Clerk |
|---|---|
| Address |
Waller County Courthouse 836 Austin St. Hempstead, TX 77445 |
| Hours | Monday through Friday, 8:00 AM to 5:00 PM |
The Texas eFile system at efile.txcourts.gov handles electronic court filings for Waller County and other Texas counties, making it easier to file and track divorce petitions.
The eFile system allows attorneys and self-represented litigants to file documents electronically, and case docket information is available through the portal for recently filed cases.
How to Search Waller County Divorce Records
To get Waller County divorce records, visit the courthouse in Hempstead. Bring a photo ID and the names of both parties. Staff can search by name or cause number and make copies. In-person requests are typically the fastest way to get documents, including certified copies of a Final Decree of Divorce.
If you cannot visit, mail a written request to the Waller County District Clerk, 836 Austin St., Hempstead, TX 77445. Include the full names of both parties, an approximate year for the filing, and the cause number if available. Include a check or money order for copy and search fees. Add extra time for processing and mail.
Use the statewide re:SearchTX portal to check case index information before placing a formal request. It is free and can give you the cause number you need. The Texas DSHS at dshs.texas.gov/vital-statistics also provides a divorce verification letter for $20 for divorces recorded since 1968, but this is not a copy of the decree.
Waller County Divorce Fees
Filing fees in Waller County are set by Texas law. Most divorce petitions cost around $300 or more. Cases with children may be slightly higher. Standard copy fees run $1 per page, and certification adds $5 per document. A name search without a cause number costs about $5.
If you cannot afford the fees, you can request a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. Forms are free at txcourts.gov/rules-forms/forms. Contact the District Clerk before filing to confirm current fee amounts.
Filing for Divorce in Waller County
Divorce in Waller County follows Texas Family Code Chapter 6. One spouse must have lived in Texas for at least six months and in Waller County for at least 90 days before filing. This is required by Texas Family Code § 6.301. If your home is in Waller County and you meet this test, you file at the courthouse in Hempstead.
The no-fault ground of insupportability under Texas Family Code § 6.001 is the most common reason used in Texas divorces. You are saying the marriage has broken down and cannot be repaired. No wrongdoing has to be shown. Fault-based grounds such as cruelty, adultery, abandonment, and conviction of a felony are also valid when the facts support them.
After the petition is filed, a 60-day waiting period starts before the divorce can be granted. This is required under Texas Family Code § 6.702. An exception exists when a family violence protective order is in place. Once the waiting period ends, agreed cases can close quickly. Disputed issues go to mediation or court.
Texas community property rules under Texas Family Code Chapter 7 apply in Waller County. Marital property is divided in a just and right manner. Separate property, including what each spouse owned before the marriage and any gifts or inheritances kept separate, stays with the original owner.
Legal Resources for Waller County
Lone Star Legal Aid serves the Greater Houston area including Waller County. Visit lonestarlegal.org or call (800) 733-8394 to check eligibility for free legal help with divorce or family law. The State Bar of Texas lawyer referral line is (800) 252-9690. Find an attorney near Hempstead at texasbar.com.
Self-help divorce forms approved by the Texas Supreme Court are free at txcourts.gov/rules-forms/forms. TexasLawHelp at texaslawhelp.org has step-by-step guides for divorce, custody, and support that are written in plain language.
Communities in Waller County
Waller County includes Hempstead and several other communities. All divorce cases for county residents are filed at the Waller County District Court in Hempstead.
Communities in Waller County include Hempstead, Prairie View, Waller, Brookshire, and Katy (part of the city extends into Waller County). City and town offices do not handle divorce records. All family law filings and case files are maintained by the District Clerk in Hempstead.
Nearby Counties
These counties border Waller County. Make sure your home address is in Waller County before you file here.