This article tells you how to file an answer in a family law case (such as a divorce, custody, paternity, or modification case).
ANSWER FORMS ARE INCLUDED.
For divorce:
Respondent’s Original Answer (Divorce Set A or Set D) [1]
For some other types of family law cases:
Respondent’s Original Answer (SAPCR) [4]
Respondent’s Answer (Paternity) [5]
Click the links below for guided forms.
An “answer” is a legal form filed with the court by the “respondent” in a court case.
In a family law case, the “petitioner” is the person who starts the case by filing a “petition” with the court. The other side is the “respondent.”
Filing an answer with the court protects the respondent’s right to have a say in the case.
If the respondent files an answer, the petitioner cannot finish the case unless:
TexasLawHelp.org has the following family law answer forms.
Filing an answer is easy. Follow these steps.
Step 1: Fill out your answer form.
Print an answer form and fill it out.
Step 2: Make copies.
Make a copy of your completed answer form for yourself and for the petitioner (and for anyone else listed as a respondent in the petition).
Step 3: File (turn in) your answer form.
File (turn in) your completed answer form with the court.
At the clerk’s office:
Step 4: Send a copy to the petitioner.
Send a file-stamped copy of your answer to the petitioner. If the petitioner has a lawyer, send it to the lawyer instead of directly to the petitioner. You can send it by:
WARNING! If a judge has signed a protective order ordering you not to contact the petitioner, do not violate that order. Talk with a lawyer about your options. A lawyer can tell you what you can and cannot do if there is a protective order in place.
Step 5: Required initial disclosures.
Within 30 days after you file your answer, both parties must exchange certain information. These "initial disclosures" are required for most lawsuits filed on or after January 1, 2020. See Texas Rule of Civil Procedure 194.2.
If you have been served with a citation and petition, there is a deadline to file your answer.
If you have NOT been served with a citation and petition, there is no deadline to file your answer. You can file your answer at any time after the petitioner files a petition (the form that starts the lawsuit) with the court. If you file your answer, the petitioner will not need to have you served.
NOTE: The deadline to file an answer may be different if you have a civil case (such as an eviction or other type of case filed in justice court). See I want to file an answer in a non-family law case. [18]
Maybe. If the petitioner has not finished the case, you can file your answer after the deadline.
To learn if the petitioner has finished the case, call the district clerk’s office (where the case was filed). Ask the clerk if the judge has signed a final order in the case. If the judge has not signed a final order the case is still pending and you can file your answer late. If the judge has signed a final order the case is finished and it is too late to file your answer.
Note: If the petitioner has finished the case, you may be able to ask the judge to set aside (cancel) the default judgment. Read this article to learn more: How to Set Aside (Cancel) a Default Judgment [19].
Unless the case is agreed, the petitioner (the person who starts the case) must have the respondent (the other person) served with:
If you are the respondent, there are several ways you can be served with the citation and petition.
If you are served and do not file an answer on or before the deadline, the petitioner can finish the case without any further notice to you (as long as all other waiting periods have passed). This is called a “default judgment.”
Yes. If the other side (your spouse, your child’s other parent, the Office of the Attorney General or someone else) has filed a petition with the court, you can file an answer. The answer form tells the judge that you know about the case and have received a copy of the petition.
If you voluntarily file an answer (or waiver of service only form), the other side will not need to have you formally served by a constable, sheriff, or private process server.
Talk with a lawyer before filing an answer, if you 1) do not live in Texas and 2) do not want a Texas Court to have the power to make orders that would impose a personal obligation on you. Such orders could include orders:
If you file an answer (or any other pleading) before filing a “special appearance” you will give up your right to argue that Texas can’t make such orders because you live out of state.
Ask a Texas lawyer to help you determine if Texas has “personal jurisdiction” over you.
Talk with a lawyer before filing an answer if you think the case was filed in the wrong county. If you file an answer before filing a motion to transfer venue, you may give up your right to argue that the case should be filed in a different county.
No. Filing an answer does not mean your case is over. Your case is not over until the judge signs a final order.
It’s a good idea to talk with a lawyer about your situation (even if you decide not to hire one). A lawyer can explain your rights and options.
It’s really important to talk to a lawyer if any of the following are true.
If you need help finding a lawyer, you can:
If you are concerned about your or your children’s safety, call the National Domestic Violence 24 Hour Hotline at 1-800-799-SAFE (7233). They can refer you to help in your community.
Yes! You can hire a family law lawyer just to give you legal advice, review your forms, draft a document, or help you prepare for a hearing. You may then be able to handle the other parts of your case yourself. Hiring a lawyer for a limited purpose is called limited scope representation [23].
The following toolkits include additional information about being the respondent in a family law case.
Talk with a lawyer if you have questions or need advice.
© TexasLawHelp.org - Source URL: https://texaslawhelp.org/article/how-file-answer-family-law-case
Links
[1] https://texaslawhelp.org/sites/default/files/fm_divad_102_div_no_kids_answer.pdf
[2] https://texaslawhelp.org/sites/default/files/fm_divb_102_div_w_kids_answer_english_respondent.pdf
[3] https://texaslawhelp.org/form/respondents-original-answer-divorce-set-c
[4] https://texaslawhelp.org/form/respondents-original-answer-sapcr
[5] https://texaslawhelp.org/sites/default/files/fm_pat1_102_paternity_establish_answer_english_0.pdf
[6] https://texaslawhelp.org/form/respondents-original-answer-modification
[7] https://texaslawhelp.org/form/respondents-answer-child-name-change
[8] https://texaslawhelp.org/guided-form/interactive-respondents-answer-or-waiver-divorce-petition
[9] https://texaslawhelp.org/guided-form/interactive-respondents-answer-or-waiver-sapcr-petition
[10] https://texaslawhelp.org/guided-form/interactive-respondents-answer-or-waiver-modification-petition
[11] https://texaslawhelp.org/guided-form/interactive-respondents-answer-or-waiver-establishing-paternity-petition-adjudicate-parentage
[12] https://texaslawhelp.org/family-divorce-children/divorce/toolkit/divorce-my-spouse-filed-divorce
[13] https://texaslawhelp.org/family-divorce-children/toolkit/i-need-respond-sapcr-custody-case
[14] https://texaslawhelp.org/form/respondents-answer-paternity
[15] https://texaslawhelp.org/family-divorce-children/toolkit/i-need-respond-modification-case
[16] https://texaslawhelp.org/name-change/name-change-child/toolkit/i-want-change-my-childs-name
[17] https://efile.txcourts.gov/ofsweb
[18] https://texaslawhelp.org/toolkit/i-want-file-answer-non-family-law-case
[19] https://texaslawhelp.org/article/how-set-aside-cancel-default-judgment
[20] https://texaslawhelp.org/legal-help/legal-help-finder
[21] https://texaslawhelp.org/legal-clinic-calendar
[22] https://texaslawhelp.org/ask-question
[23] https://texaslawhelp.org/article/limited-scope-representation