Search Hays County Family Court Records

Hays County family court records are filed and maintained by the District Clerk's office in San Marcos, Texas. Divorce cases, conservatorship orders, child support filings, paternity suits, and protective orders are all part of the Hays County district court record set. Residents can search Hays County family court records through the statewide online portal or submit a request directly to the courthouse in San Marcos. Hays County is one of the fastest-growing counties in Texas, and its court system handles a significant volume of family law cases. This page explains how to find those records and access legal help.

Hays County District Clerk and County Clerk

The Hays County District Clerk's office handles all district court filings, including family law matters such as divorce, custody, child support, and protective orders. The County Clerk is a separate office managing vital records, marriage licenses, deeds, and probate. Both offices operate from the Hays County Courthouse at 712 S. Stagecoach Trail, San Marcos, TX 78666. Hays County is a rapidly growing Central Texas county located between Austin and San Antonio. The county has multiple district courts to manage its growing caseload.

Hays County has both the 22nd and 428th District Courts handling family law matters, along with county courts at law that hear some family-related proceedings. When contacting the courthouse or submitting a records request, include the names of both parties and the approximate year of filing. This helps staff locate the case in the record index. Courthouse hours are generally Monday through Friday, 8:00 AM to 5:00 PM. For complex or high-volume requests, calling ahead is a good idea.

Communities in Hays County include San Marcos, Kyle, Buda, Wimberley, and Dripping Springs, among others. All family court cases for residents of Hays County are filed at the district courthouse in San Marcos. If you are unsure which county handles your case, the key factor is where you or your spouse has lived for at least 90 days before filing.

Searching Hays County Family Court Records Online

For Hays County family court records filed electronically, the statewide re:SearchTX portal from the Texas Judicial Branch is the best free starting point. It covers district court cases filed through the Texas e-filing system since 2018. You can search by party name or case number to locate Hays County records. Results include unofficial case index data such as party names, filing dates, and case status. Because Hays County is large and growing, the online database covers a significant share of recent filings.

The re:SearchTX court records search gives you access to electronically filed family court cases from Hays County and every other county in Texas, all from one central portal maintained by the state.

The re:SearchTX tool provides free access to case index data for electronically filed Hays County family court records and is the easiest way to get basic case information before contacting the District Clerk's office.

For records older than the e-filing era, or for certified copies of a Final Decree of Divorce or a custody order, you must contact the Hays County District Clerk directly. You can visit the courthouse in San Marcos in person or submit a written request by mail. Include the full names of both parties and the approximate filing year. Staff will search the index and provide a fee estimate before pulling documents.

Family Court Cases in Hays County

Hays County district courts handle all family law matters under the Texas Family Code. Divorce is the most commonly filed case type. Under Texas Family Code Chapter 6, either spouse can file for divorce on the no-fault ground of insupportability or on fault-based grounds such as cruelty, adultery, abandonment, or felony conviction. Texas divides marital property under community property rules. When spouses cannot agree on a property split, the court makes the decision in a way it finds just and right.

Custody and conservatorship cases are handled under Texas Family Code Chapter 153. The Hays County courts determine managing conservatorship, possessory conservatorship, and the possession schedule based on the child's best interest. Child support follows the guideline formula under Texas Family Code Chapter 154. The Texas Attorney General's office enforces child support orders when payments fall behind.

Protective orders, paternity suits, modification cases, and adoptions are also filed in Hays County district courts. Adoption records are sealed after finalization. Juvenile proceedings are separate and confidential under Texas Family Code Chapter 58. The county's rapid growth means a higher volume of all these case types compared to a decade ago.

Filing Family Court Cases in Hays County

To file a divorce in Hays County, at least one spouse must have lived in Texas for six months and in Hays County for 90 days before filing, as required by Texas Family Code Section 6.301. After the petition is filed, the mandatory 60-day waiting period under Section 6.702 begins. A divorce cannot be finalized until those 60 days pass. The family violence exception may apply in some cases.

All attorneys in Hays County must file through eFileTexas.gov. Self-represented litigants can file paper documents at the courthouse in San Marcos or use e-filing voluntarily. Official court forms for divorce, custody, support, modification, and protective orders are available at the clerk's office, from the Texas courts forms library, and through the Texas State Law Library family law guide. All are free to download. If you cannot pay filing fees, ask about the Statement of Inability to Afford Payment of Court Costs.

Fees and Public Access in Hays County

Hays County uses the standard Texas fee schedule for court record copies. Regular copies are $1.00 per page. Certified copies cost $5.00 per document plus $1.00 per page. The re:SearchTX portal is free for basic online index searches. Staff search fees may apply for requests that require a manual index lookup. Divorce filing fees in Hays County follow the schedule set by the District Clerk and vary by case type.

Family court records in Hays County are public under Texas Government Code Chapter 552. Sealed records, juvenile files, adoption records, and certain personal identifiers are restricted. Social Security numbers, financial account numbers, and driver's license numbers are redacted from public court documents under Texas Family Code Section 105.006. The Texas DSHS Vital Statistics unit keeps a statewide divorce index, but certified copies of decrees must come from the Hays County District Clerk.

Note: If a records request is denied, the Texas Attorney General's Open Records Division handles open records complaints and can advise on your rights under the Texas Public Information Act.

Legal Resources for Hays County Residents

The Texas Judicial Branch self-help program at txcourts.gov/programs-services/self-help provides free guides for self-represented litigants in Texas family courts. It covers divorce, custody, support, and protective orders and explains each step of the process in plain language. It is useful if you plan to handle your own case in Hays County district court.

TexasLawHelp at texaslawhelp.org has step-by-step guides and downloadable forms for family law matters across Texas. Legal aid programs serving Central Texas, including Lone Star Legal Aid and other organizations, may assist qualifying Hays County residents who cannot afford a private attorney. Call the State Bar of Texas referral line at (800) 252-9690 for a private attorney referral in the San Marcos or Kyle area. The Texas State Law Library also provides free family law resources accessible online at no charge.

Cities in Hays County

Hays County includes San Marcos (county seat), Kyle, Buda, Wimberley, Dripping Springs, and other communities. The county has seen rapid growth in recent years, particularly in the Kyle and Buda areas. No cities in Hays County currently meet the threshold for a dedicated dedicated city page. All family court cases for Hays County residents are filed at the District Clerk's office at the courthouse in San Marcos.

Nearby Counties

These counties border Hays County. Confirm your county of residence to make sure you file in the right court.