Read the divorce papers right away. What orders does your spouse want the judge to make? Is there a standing order? Has the judge signed a temporary restraining order? Are there any hearing dates? If so, read these articles to learn more: Standing Orders, Temporary Orders & Temporary Restraining Orders (TROs)
Calculate the deadline to file your answer. If you have been served with divorce papers, there is a deadline to file an answer. 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.
Try to talk to a lawyer. A family law lawyer can explain your options and give you advice. You can hire a lawyer to handle your whole case. You also have the option of hiring a lawyer just to give you advice or review your forms. Or, you may be able to talk with a lawyer for free at a legal clinic.
If you need help finding a lawyer, you can:
Decide how you want to respond.
- Option 1: File an answer. If you have been served with divorce papers and want to have a say in your divorce, you must file (turn in) a Respondent’s Original Answer form with the court by the deadline. If you don’t, your spouse may finish the divorce without you. Get answer forms here: Instructions & Forms for Filing an Answer in a Divorce.
Warning! It’s important to talk with a lawyer before filing an answer (or any other form) with the court if (1) you don’t live in Texas or (2) you think the divorce should be transferred to another court in Texas.
- Option 2: File an answer AND a counter-petition for divorce. A counter-petition for divorce tells the judge what orders you want the judge to make in your divorce. If your divorce is contested, you may want to file (turn in) a Respondent’s Original Answer form AND a Respondent’s Original Counter-Petition for Divorce form. Get counter-petition for divorce forms here: Instructions & Forms for Filing an Answer and Counter-Petition for Divorce.
Warning! It’s important to talk with a lawyer before filing a counter-petition (or any other form) with the court if (1) you don’t live in Texas or (2) you think the divorce should be transferred to another court in Texas.
- Option 3: Do nothing. If you have been served with divorce papers and don’t file an answer, your spouse can finish the divorce without you. This is called a “default judgment.” You will not have a say in any of the issues involved in your divorce, including decisions about your property, money and debt. If you and your spouse have children, you will not have a say in decisions about custody, visitation and child support.