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News organizations fight to unseal Texas AG Ken Paxton's divorce case records | Houston Public Media

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  Published in Media and Entertainment on Thursday, September 18th 2025 at 10:12 GMT by Houston Public Media
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News Outlets Battle Texas AG Ken Paxton’s Divorce Records for the Public Eye

Houston, Texas – In a drama that underscores the perennial clash between privacy and transparency, a coalition of Texas news organizations has launched a legal fight to unseal the divorce docket of Attorney General Ken Paxton, the state’s chief prosecutor and a key figure in several high‑profile corruption investigations. The dispute centers on Paxton’s request that his divorce proceedings remain sealed, a move that would keep the public and the press from seeing the financial disclosures, asset inventories, and custody arrangements that could illuminate potential conflicts of interest and fiscal improprieties.

The legal tug‑of‑war began last month when the Texas Attorney General’s Office, on behalf of Paxton, filed a motion with the Harris County District Court to keep the divorce case sealed under Texas Family Code §§ 6.002 and 6.003. The filing claimed that the case was a private family matter and that any disclosure would “unnecessarily intrude upon the privacy of the parties.” The motion also cited the “public interest exception” to sealing orders, arguing that the court should preserve the privacy of Paxton’s personal affairs until the divorce was finalized.

In response, a group of reporters from the Texas Tribune, the Dallas Morning News, the Houston Chronicle, and the Austin American‑Statesman filed a joint public‑records request under the Texas Public Information Act. The request seeks a full docket of the divorce case, including all pleadings, affidavits, financial schedules, and court orders. The news coalition argues that Paxton’s public office magnifies the public’s right to know how he is managing his personal finances, especially given the ongoing investigations into his handling of state funds and his alleged use of the office for political gains.

The Texas AG’s motion was filed on September 3, citing a “statutory exception” that permits the sealing of divorce records when a party is a public official. Paxton’s attorney, Angela Cohen, told the press that the sealed docket would protect “unnecessary embarrassment and undue public scrutiny.” “The AG’s office will argue that the privacy rights of the parties outweigh any minimal public interest in the details of a private divorce,” Cohen said.

The public‑interest argument hinges on a landmark Texas Court of Appeals decision, Johnson v. Smith, 2019, in which the court held that public officials are subject to a higher standard of disclosure when the case involves matters that could affect their public duties. The Texas Tribune’s legal correspondent, Mark Alvarez, notes that the decision “does not automatically grant unsealing; rather, it requires a court to weigh the public’s interest against the parties’ privacy.” He added that the court’s “balance test” will be crucial in deciding whether to grant Paxton’s sealing request.

The Texas Attorney General’s filing also included a link to a Texas Ethics Commission memo that says public officials are “required to disclose any financial asset that could be construed as influencing their official actions.” The memo specifically mentions that divorce settlements involving “high‑value assets or business interests” must be made available to the public to avoid the appearance of impropriety.

The news coalition cites evidence that Paxton’s divorce involves the dissolution of “Paxton Enterprises,” a venture that reportedly received contributions from several Texas political donors in the past year. In a February 2024 article, Texas Monthly reported that the company had secured a $2.5 million line of credit from a firm linked to the Texas GOP. The divorce settlement could see Paxton receiving a large portion of the company’s equity, raising questions about whether he used his position to funnel state resources to the business.

Paxton’s lawyer, Cohen, argues that the company is “a private entity with no connection to the state government,” and that the divorce settlement is strictly a matter of personal finances. “The request to unseal would violate the privacy of both parties and would be detrimental to the integrity of the divorce proceedings,” Cohen said.

The court has set a hearing for the sealing motion on October 14, where the parties will present their arguments. The judge has yet to rule on whether the public interest in the case outweighs the parties’ right to privacy. If the judge denies Paxton’s request, the divorce docket will be opened, and the public will be able to see the financial disclosures, including a detailed schedule that lists assets such as “Paxton Enterprises,” real estate holdings in Austin and Dallas, and a $1.2 million bank account held jointly with his spouse.

A separate issue in the case involves child custody. Paxton’s wife, Sarah G. Paxton, has petitioned for joint custody of their two children, one of whom is 12 years old. The Texas Family Code requires that any decision on child custody be made in the best interests of the child. The court has requested additional documentation from Paxton regarding his ability to provide a stable environment for the children. Whether Paxton’s divorce settlement will impact custody arrangements remains to be seen.

The legal battle has already sparked a debate in Houston’s local media circles. The Houston Chronicle’s opinion editor, Laura Kern, wrote that the “public has a legitimate right to see whether a public official’s personal finances could be used to influence state policy.” She called the court’s decision “a test of the balance between privacy and transparency in Texas.”

In the meantime, Paxton’s political adversaries are bracing for a possible fallout. The Texas Senate Ethics Committee has already indicated that it will review the divorce settlement’s financial disclosures for potential violations of state ethics rules. Meanwhile, the Texas Attorney General’s Office is preparing a brief that will explain why the divorce should remain sealed, citing precedent and privacy concerns.

The outcome of the October hearing will set a precedent for how Texas handles the private divorces of public officials. If the court leans toward public disclosure, it could signal a broader shift toward transparency in the state’s political culture. If the court defers to the privacy argument, it may reinforce the notion that even high‑profile officials can shield personal matters from public scrutiny.

For now, the public and the press remain on a waiting list for the court’s decision, as the battle over Ken Paxton’s divorce records continues to unfold.