Served with Divorce Papers in Texas?

Receiving divorce papers, known as an Original Petition for Divorce in Texas, can be a stressful and overwhelming moment. Your mind is likely racing with questions, but the most urgent one is: How long do I have to respond?

The short answer is you must act quickly. In Texas, the deadline to file a legal response is governed by a specific rule designed to ensure prompt attention to the lawsuit.

The Texas Divorce Response Deadline Explained

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Once you have been formally served with the divorce papers (meaning a process server or constable physically handed them to you, or you've signed a Waiver of Service), your deadline to file a formal response—called the Respondent's Original Answer—is following the expiration of 20 days after the date of service.

This is the rule laid out in the Texas Rules of Civil Procedure. Let's break down exactly what that means with a clear calculation:

Find the Date of Service: This is the day you officially received the papers. Do not count this day.
Count 20 Days: Count forward 20 calendar days from the day after you were served (including weekends and holidays).
Find the Next Monday: The deadline is the first Monday after those 20 days have passed.
The Time is 10:00 a.m.: Your Answer must be filed with the court on or before 10:00 a.m. on that Monday.

Example Calculation:

If you are served on a Tuesday, October 15th:

Day 1 of the 20-day count is Wednesday, October 16th.
Day 20 falls on Tuesday, November 5th.
The first Monday after that date is Monday, November 11th.
Your Answer is due by 10:00 a.m. on Monday, November 11th.

What Happens If You Miss the Deadline?

Missing this deadline is serious and can have severe consequences, as the Petitioner (the spouse who filed) may be able to secure a Default Judgment against you.

A Default Judgment means the court can finalize the divorce without your input and typically grant the Petitioner everything they requested in their original petition, provided the requests are within the bounds of Texas law. This means you could lose your right to:

Have a say in property division.
Contest child custody or visitation arrangements.
Argue for or against child or spousal support.

Crucially: Filing a simple Respondent's Original Answer by the deadline is the critical step to prevent a Default Judgment and ensure you have a voice in the final terms of your divorce.

Key Takeaways and Urgent Next Steps

Act Immediately: As soon as you are served, calculate your deadline and prioritize filing an Answer.
File an Answer: The most basic Answer is often a short document that simply notifies the court and your spouse that you intend to participate in the case.
The 60-Day Waiting Period: Remember, Texas has a mandatory 60-day waiting period from the date the original petition was filed before a judge can legally sign the Final Decree of Divorce. While this period gives you time, it does not extend your 20-day Answer deadline. Your spouse can seek a Default Judgment on the 61st day if you have not answered.

Resources and Legal Guidance

Divorce is complex, and while filing a timely Answer protects your right to participate, you should not attempt to navigate the entire process alone.

Disclaimer: This blog post provides legal information, not legal advice. The Texas Rules of Civil Procedure are subject to interpretation and change. You should always consult with a qualified attorney to discuss the specifics of your case.

Resource	Description
Texas Law Help	Offers guides, forms, and tools (including a deadline calculator) for people representing themselves in civil and family law cases.
State Bar of Texas	Provides resources for finding a licensed attorney, including referral services.
Local County District Clerk's Office	The office where your case was filed. They can confirm your case number, filing date, and often answer procedural questions (but not legal advice).
Legal Aid Organizations	If you qualify based on income, organizations like Texas Legal Services Center may provide free or low-cost legal assistance.