Unless the divorce is agreed, the petitioner (the spouse who starts the divorce) must have the respondent (the other spouse) served with:

• a Citation (the form issued by the court to officially notify the respondent of the divorce) and
• a copy of the Original Petition for Divorce (the form filed by the petitioner to start the divorce).

The respondent should also be served with (1) any other papers filed by the petitioner at the beginning of the case and (2) any orders signed by the judge at the beginning of the case.

If you are the respondent, there are several ways you can be served.

• You can be in person by a constable, sheriff or private process server. (You will not need to sign anything.)
• You can be served by certified or registered mail (return receipt requested) by the court clerk, constable, sheriff or private process server. (Service this way is valid only if you sign the return receipt showing that you received the letter.)
• You can be by posting or publication in a newspaper if the petitioner can’t find you.  
• You can be any other way approved by the judge. For example, if the constable, sheriff or private process server is unable to serve you in person or by certified mail but can confirm your home address or work address, the judge could order that the Citation and Original Petition for Divorce be posted to your door, left with anyone over 16 at your home or work or mailed to you at your home or work address by regular mail.

Note: Papers filed by the petitioner later in the case will usually be sent to you by regular mail or email.  

Talk to a lawyer if you have questions about being served.

If you don’t want to be served with the divorce papers, you can voluntarily file an answer (or waiver of service only form). Filing an answer (or waiver of service only form) tells the judge that you know about the case and have received a file-stamped copy of the Original Petition for Divorce. Your spouse will not need to have you served if you voluntarily file an answer (or waiver of service only form).

Get answer forms here: Instructions & Forms for Filing an Answer in a Divorce.

Maybe. If your spouse has not finished the divorce, you can file your answer after the deadline. If your spouse has finished the divorce, it is too late to file an answer.

To learn if your spouse has finished the divorce, call the district clerk’s office in the county where your spouse filed the divorce. Ask the clerk if the judge signed a Final Decree of Divorce in your case.

Note: If your spouse has finished the divorce without you, you may be able to ask the judge to set aside or cancel the Final Decree of Divorce. Read this article to learn more: How to Set Aside (Cancel) a Default Judgment.

Divorce can be a dangerous time. If you are concerned about your safety or the safety of your children, call the National Domestic Violence 24 Hour Hotline at 1-800-799-SAFE (7233). They can refer you to help in your community.

For legal help, you can also call:

• Texas Advocacy Project Hope Line at 1-800-374-HOPE (4673)
• Advocates for Victims of Crime at 1-888-343-4414

For situations involving sexual assault, you can also call:

• Legal Aid for Survivors of Sexual Assault at 1-800-991-5153

If you are an immigrant, you can also call:

• Refugee and Immigrant Center for Education and Legal Services (RAICES) 512-994-2199

In an emergency, please call 911.

Find out more in the Protection from Violence or Abuse section of this website.