What to Do When You Are Served Divorce Papers in Texas

Being served with divorce papers in Texas can feel overwhelming, especially when it happens unexpectedly. In a matter of moments, you are faced with legal deadlines, financial concerns, questions about your children, and the fear of losing control over what happens next. But the most important thing to understand is this: you still have rights, and what you do in the first few days matters greatly.

Texas divorce law follows strict timelines, and ignoring the paperwork can lead to a default judgment, meaning the court could grant your spouse everything they requested without your participation. The good news is that a calm, informed response can protect your interests and give you a stronger position throughout the process. Whether you are dealing with questions about child custody, property division, support, or your safety, knowing exactly what steps to take will help you navigate this period with confidence.

This guide breaks down what to do immediately after being served divorce papers in Texas, how to respond properly, how to avoid costly mistakes, and how to protect your rights from day one. It is written in clear, practical language so you can take action right away, even if this is your first encounter with the Texas family court system.

1. Read the Papers Carefully, To Your Understanding

When someone serves you with a Citation and Original Petition for Divorce, read every page. Note that the petition states what the petitioner is asking for (division of property, child custody, support, temporary orders, hearing dates). Pay special attention to the service date, any hearing dates, and whether there are temporary restraints or emergency orders attached. If you don’t understand legal language, preserve the papers and move to step 2.

2. Mark and Calculate Your Deadline

In most Texas divorce cases, you have a short deadline to respond. Count 20 days from the day you were served, then go to the next Monday; your written Answer must be filed with the clerk by 10:00 AM on that Monday (if the 20th day falls on a Monday, you must file the next Monday). Missing this deadline can produce severe consequences (see section 5). If you were not formally served (for example, you received a courtesy copy), the deadline rules may differ — but assume the standard rule applies until clarified.

3. Don’t Ignore the Papers, Responding Protects your Rights

If you do nothing, the petitioner can seek a default judgment, and the court may grant the petitioner’s requests (property division, child custody, support) without your input. Filing an Answer preserves your right to notice, hearings, discovery, and to present your own requests to the court. Even if you disagree with the divorce itself, you cannot stop a Texas court from granting it if your response protects practical rights and outcomes.

4. Immediate Practical Steps

Here are checklist you can use for immediate practical steps.

A. Create a case file, both physical and digital

• Keep the original stamped papers and make multiple copies.
• Scan or photograph everything (save time/date metadata if possible).

B. Calendar key dates

• Mark the service date, the 20-day count, and that 10:00 AM Monday filing deadline. Include any listed hearing dates.

C. Contact an attorney (or decide to represent yourself)

• If your case involves children, significant assets, a business, immigration issues, or domestic violence, get an attorney experienced in Texas family law. If cost is a concern, TexasLawHelp and local legal aid can provide self-help resources.

D. Preserve financial and other evidence

• Download bank and brokerage statements, tax returns (3–5 years), recent paystubs, mortgage and loan documents, titles, deeds, business financials, credit card statements, and digital records (emails, texts). Start a running list of assets and debts.

E. Protect children and safety

• If you feel threatened, seek a Temporary Restraining Order (TRO) immediately. TROs can be granted quickly and last until a temporary orders hearing. Keep a log of incidents, dates, times, witnesses, and any police reports.

F. Limit risky financial moves

• Avoid large withdrawals, selling property, hiding assets, or closing shared accounts. An automatic temporary injunction in family law matters often prohibits disposing of or hiding marital assets once divorce is filed or after service; violating it can harm your legal position.

5. Decide on How to Respond

Here are options and consequences on how to respond

File an Answer (most common):

• A formal Answer lets you deny or admit factual allegations, assert affirmative defenses, and raise counterclaims (for example, your own terms for custody, support, or property division). File with the district clerk and serve the petitioner.

File a Waiver of Service (rare for respondents):

• If you agree to accept the petition and not contest service, you (or your attorney) can file a waiver — this does not mean you agree to the substance, but it does waive formal service requirements.

Let it go (not advised unless strategic):

• If you intentionally do not answer, a default judgment may be entered in favor of the petitioner. You can sometimes get a default set aside later, but courts require good cause (excusable neglect, lack of proper service, fraud, or other equitable reasons). Do not rely on being able to undo a default.

6. Temporary Orders and Injunctions

Either party may ask for temporary orders while the case is pending, for custody, child support, spousal maintenance, exclusive use of the home, or to freeze certain financial actions. Texas law also authorizes temporary injunctions to preserve property and prevent dissipation. If you need emergency relief (safety, child custody, protection from asset stripping), tell your lawyer immediately courts can act quickly.

7. Discovery, mediation, and settlement discussions

After answering, the case typically proceeds to discovery (requests for documents, written questions, depositions) and often to mediation or negotiation. Texas encourages settlement; many cases resolve before trial. Prepare for settlement by knowing your priorities (children, home, debt allocation, business interests) and which outcomes you will and will not accept. If mediation is ordered, having a thorough financial picture is essential.

8. Timing: Final Decree and Mandatory Waiting Period

Texas requires a minimum 60-day waiting period from the date the Original Petition is filed before the final divorce can be signed, even if both spouses agree. That does not mean everything is resolved in 60 days; contested issues can extend the process substantially.

Common pitfalls to avoid

• Missing the filing deadline. This is the most serious practical mistake because of default-judgment risk.
• Moving assets or draining accounts. Automatic restraints and injunctions exist to stop this; violations can be punished.
• Saying too much in writing or online. Social media posts and messages can be used in court.
• Ignoring safety concerns. If there’s domestic violence, prioritize emergency protective orders and safety planning.

What to do If You were Served while Outside Texas or while Deployed

Residency, service, and military protections can affect how and where the case proceeds. If you are overseas or in the military, notify an attorney; different rules and accommodations may apply.

• Read petition and citation; note service date.
• Calendar the 20-day count + next Monday 10:00 AM deadline.
• Create secured case folder (paper + digital).
• Gather 3+ years of taxes, bank statements, paystubs, deeds, titles, business records.
• Contact Mokolo Law Firm for an urgent case review (or local counsel).
• If safety is an issue, request TRO or protective order immediately.
• Do not move or hide major assets; consult counsel before any large financial action.

Final Thoughts on What to Do When You Are Served Divorce Papers in Texas

Being served divorce papers is stressful, emotionally and logistically, but time is the single most important factor. Texas’s filing deadlines and remedies for non-response mean that a prompt, measured reaction protects your legal rights, financial interests, and parental rights. Filing a timely Answer is often the minimal and most protective step: it preserves your ability to participate in hearings, to receive notice of court events, and to assert your position on custody, property division, and support.

Beyond deadlines, protection of assets and safety cannot be overstated. Texas law provides mechanisms (automatic temporary injunctions, TROs, temporary orders) to prevent irreparable harm while the case proceeds. A skilled family law attorney will secure immediate procedural protections, advise you on realistic goals and negotiable items, and build the factual and documentary record you need for a fair outcome. Acting early also increases your leverage in settlement and lowers the risk of costly surprises later.

If you were served today, the single best immediate actions are, preserve the papers, calendar the deadline, secure financial documents, and contact experienced counsel. Mokolo Law Firm can review your petition, calculate exact deadlines for your case, prepare and file an Answer, request any necessary temporary relief, and represent you at mediation or trial if needed.

Need help?

If you would like Mokolo Law Firm to review your divorce papers, calculate exact filing deadlines for your situation, or discuss emergency measures (TRO, temporary orders, freezing accounts), please contact us with the stamped petition or a clear photo of the documents and the service date. We will prioritize immediate procedural steps and explain options and likely timelines for your county and circumstances.