Answering Divorce Papers

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You have the right to file an answer if your spouse filed for divorce and you were served with divorce papers. According to TexasLawHelp.org, an answer is "a legal form you (the respondent) file with the court to protect your right to have a say in the divorce."

If you do not file an answer, the divorce can go ahead without you. Your spouse will get a default judgment. You will not have any input about what happens to your property, your debts, and possibly issues involving your children.

If the divorce is contested, you also have the opportunity to file a counter-petition. Filing a counter-petition lets you tell the judge what you would like to happen instead.

Understanding the Law

TexasLawHelp.org has compiled several frequently asked questions about responding to a divorce case.

Forms

This toolkit from TexasLawHelp.org contains the forms and step-by-step instructions that you'll need to file an answer to a divorce suit as well as a counter-petition if you wish.

When Should I File My Answer?

An answer to a divorce petition must be filed within a certain timeframe. If you are served in person or by certified mail, you need to submit your answer by 10 am on the Monday after 20 days have gone by since you were served with papers. TexasLawHelp.org explains how to find your answer's due date:

To determine the deadline, find the day you were served with divorce papers on a calendar, count out 20 more days (including weekends and holidays) then go to the next Monday. You must file an answer with the court on or before this date at 10:00 a.m. If you don’t, your spouse can finish the divorce without you (as long as any other applicable waiting periods have passed). Note: If the courts are closed on the day your answer is due, then your answer is due the next day the courts are open.

Texas Rules

Texas Rule of Civil Procedure 99 contains the wording that the citation from the court must have, including the deadline to file an answer.

Waiver of Service

If you do not want to be formally served with divorce papers, you can file a specific waiver of service. This means that your spouse doesn't need to serve you with papers as described on the "Serving Divorce Papers" page of this guide. You will still have the right to be involved in the proceedings. A specific waiver does not waive any of your rights except the formal notice of the suit.

There is another kind of waiver, called a global waiver. This will give up all of your rights to be involved in the case. Before signing any waiver, read closely to see what rights you are giving up.

If you're not sure whether you should file a waiver of service or an answer, please check with an attorney about what would be best for you.

Forms and More

This article from a Texas attorney explains what a waiver of service is and how it can be used in divorce proceedings.

This page lists several versions of a specific waiver of service form. Which one you need will depend on whether there are children involved in the divorce.

This page from TexasLawHelp.org explains what a waiver of service does in a divorce case. It also explains the difference between a specific waiver and a global waiver.