Getting served with divorce papers in Texas rarely feels neutral. Even if you expected it, the moment the paperwork is in your hands, everything feels urgent. Questions start stacking up fast. What do I have to do? How long do I have? What happens if I wait too long?
If you’ve been served with divorce papers, Texas law gives you a limited window to respond. Missing that deadline can allow the court to move forward without you, including entering a default judgment based only on what your spouse requested.
Responding on time does not mean you agree with the divorce. It means you protect your ability to participate in what happens next, which is why speaking with a Frisco family and divorce lawyer early can make a meaningful difference.
What does it mean to be served with divorce papers in Texas?
Being served means your spouse has formally filed a petition for divorce, and the court now has authority over the case. From that point forward, deadlines apply, whether you feel ready or not.
Texas refers to the spouse who files first as the “petitioner.” The spouse who receives the papers becomes the “respondent.” That label matters because it triggers specific obligations under Texas family law, including the requirement to file a written answer with the court.
How long do you have to respond after being served?
In most cases, you must file a Respondent’s Original Answer by 10:00 a.m. on the Monday following 20 days after service. That deadline is firm, and courts enforce it strictly. Under Texas Rule of Civil Procedure 99(b), a defendant’s answer is due by that deadline unless the court orders otherwise.
Filing an answer tells the court you intend to participate in the case. If you do not file one, your spouse can ask the judge for a default judgment, which may allow the divorce to proceed without your input on property division, custody, or visitation. Fixing a default after the fact is possible in limited situations, but it is far more difficult than responding the first time.
Some people choose to sign a waiver of service, meaning they accept the paperwork voluntarily rather than being served by a process server. A waiver does not remove the deadline to file an answer. It simply changes how service occurs.
What should your answer actually say?
An answer does not need to explain your entire position or tell your life story. Its purpose is procedural. It preserves your right to be heard.
Your answer may be a general denial, which means you do not agree to everything requested in the petition. In some cases, you may also file a counter-petition if you want the court to consider your own requests related to custody, visitation, support, or property division. A divorce attorney can help determine what approach makes sense based on your situation.
What happens during the 60-day waiting period?
Texas requires a 60-day waiting period from the date the divorce petition is filed before the court can grant a final decree of divorce. Even when spouses agree on every issue, the court usually cannot shorten that timeline.
The waiting period exists regardless of how quickly you file your answer. During this time, life continues. Bills still get paid. Children still need schedules. That is why many cases involve temporary court orders to create structure while the divorce is pending.
In some circumstances involving family violence, the court may waive the waiting period. If safety is a concern, that issue should be addressed immediately.
What are temporary orders, and do you have to respond to them?
Temporary orders set the rules while the divorce is ongoing. They can address custody and visitation, child support, use of the marital home, and access to shared finances.
Either spouse can request temporary orders. If your spouse does, you will receive notice of a hearing and a deadline to respond. These hearings matter. Temporary orders often shape daily life for months, and courts sometimes carry those arrangements forward into the final decree.
Responding effectively usually means preparing documents, organizing financial information, and presenting your position clearly. Walking into a temporary orders hearing unprepared can have consequences that last far beyond the hearing itself.
Can you stop a divorce if you disagree with it?
Texas is a no-fault divorce state. If your spouse wants a divorce, the court will not require them to prove wrongdoing, and you generally cannot prevent the divorce from moving forward.
That said, you still have control over how the divorce unfolds. Filing an answer allows you to participate in decisions about property division, custody and visitation, and temporary orders. Not responding removes that control almost entirely.
Moving forward after you’ve been served
Being served with divorce papers often triggers a mix of stress and urgency. That reaction is normal. What matters next is taking a clear, timely step that protects your position and gives you room to make thoughtful decisions rather than rushed ones.
Albin Oldner Law attorneys work with individuals across all of North Texas who are responding to divorce filings, navigating temporary orders, and working toward resolutions that make sense for their families and finances. If you have questions about how to respond to divorce papers in Texas or want guidance on next steps, you can contact Albin Oldner Law online or call at (214) 423-5100.
