Responding to a Divorce

When you receive divorce papers, read them right away. Pay attention to what your spouse is asking for and if there are any hearing dates. It’s a good idea to talk to a lawyer about your options.

Use the forms and instructions in the My spouse filed for divorce guide to file your response to the divorce.

If you want to have a say in the divorce, you must file a Respondent’s Original Answer. If you don’t, the case will move forward without you, and the court will decide the terms of your divorce without your input.

You cannot stop your spouse from getting a divorce. Texas is a “no-fault” divorce state, meaning a judge will grant the divorce even if only one person wants it.

You can voluntarily file an answer or a waiver of service form, which lets the court know you’ve received the divorce papers.

If you don’t respond, your spouse can still move forward with the divorce using alternative methods.

When you do not respond at all, the spouse who filed can still get a divorce, by "default." A default judgment is a court decision in favor of the petitioner that happens because the respondent does not answer or go to a court hearing that they were told about.

If you have been served with divorce papers that include a hearing date:

• Make plans to go to the hearing. If you do not go to the hearing, the judge can make orders about your money, property and children (if applicable) without any input from you.
• Talk with a lawyer about your legal rights and what to expect at the hearing. If possible, hire a lawyer to represent you at the hearing.
• If you need more time to hire a lawyer or time to get ready for the hearing, you can ask the judge to reset the hearing date. You do this by filing a Motion for Continuance.

Sometimes the spouse who files for divorce will ask the judge for a Temporary Restraining Order (TRO). A TRO stops you from doing certain things until a hearing can be held. A TRO usually lasts 14 days or until the hearing, whichever comes first.

If you’ve been served with a TRO:

• Read it carefully and follow the rules. The judge can hold you in contempt if you don’t.
• Plan to attend the hearing. If you don’t go, the judge can make decisions about your money, property, and children without your input.
• Talk to a lawyer about your rights and what to expect. If possible, hire a lawyer to represent you.
• If you need more time to hire a lawyer or prepare for the hearing, you can ask the judge to delay it by filing a Motion for Continuance.

A TRO is not the same as a family violence protective order. Being served with a TRO doesn’t mean you did anything wrong.

You don’t need a lawyer to respond, but divorce can be complicated. A lawyer can help you understand your rights and options, especially if your case involves kids, property, or debts.

If you cannot afford to hire a lawyer, you may ask that your spouse be ordered to pay for a lawyer to represent you. Learn more in Attorneys' Fees in Family Law Cases. TexasLawHelp's forms do not include requests for attorneys' fees.

If you and your spouse agree on the divorce, you’ll fill out and sign a Final Decree of Divorce form together. Read the steps in the "instructions and forms" section of TexasLawHelp's divorce guides.

• I need a divorce. We do not have children under 18.
• I need a divorce. We have children under 18.
• I need a divorce. We have minor children. A final custody and support order is already in place.

You might also need to set an agreed final hearing.

If your divorce is contested, you or your spouse will need to schedule a final hearing to complete the divorce. Read this article to learn more: How to Set a Contested Final Hearing (Family Law).