I've just been served with divorce papers
Being served means your spouse has filed for divorce and the court has formally notified you. In Texas, a written answer is generally due by 10:00 a.m. on the Monday after 20 days have passed since you were served, and the papers themselves should say so. In Dallas, Collin and Denton counties, a standing order with rules for both spouses may already apply. Take a breath, keep the papers safe and speak with a family lawyer soon.
First, take a breath
Being handed divorce papers is a shock, even when you saw it coming. You don't have to solve everything today. You do need to act within the deadline, and a few calm steps now will help a great deal.
What the papers are
The petition
The petition is your spouse's written request to the court. It names the court, gives a case number, and says what your spouse is asking for. That may include how property is divided and, if you have children, conservatorship (what Texas calls custody), possession schedules and child support. It is only a request, and it often asks broadly at the start.
The citation
The citation is the official notice from the court clerk. It tells you that you've been sued, that you may hire a lawyer and when your written answer is due. It also warns that if no answer is filed in time, "a default judgment may be taken against you" (Texas Rule of Civil Procedure 99(c)). You may also find a standing order or a hearing date. Write any hearing date down now.
Your deadline to answer
Texas Rule of Civil Procedure 99(b) says the citation must direct you to file a written answer "on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service." In plain words: count 20 days from the day after you were served. Your answer is due by 10:00 a.m. on the next Monday after that.
For example, if you were served on a Wednesday, the 20th day falls on a Tuesday. Your answer would be due by 10:00 a.m. on the following Monday, about 26 days after service. If that Monday is a legal holiday, the deadline generally moves to the next day that isn't a weekend or holiday (Texas Rule of Civil Procedure 4). Have a lawyer confirm your exact date.
A standing order may already apply
Some counties have a standing order: a set of court rules that applies automatically in every divorce filed there. It binds both spouses, so it applies to you as well as to your spouse.
- Dallas County. The "Standing Order Regarding: Children, Pets, Property and Conduct of the Parties" applies in every divorce filed in Dallas County. It bars, among other things, taking the children out of Texas without agreement or a court order and sending harassing messages. Read the Dallas order (2026 revision).
- Collin County. Collin has a "Standing Order on Children, Property, and Conduct of Parties". Read the Collin order.
- Denton County. The person filing must attach Denton's standing order to the petition, so look for it in your papers. It bars harassment, hiding the children and destroying relevant emails and texts. If children are involved, both parents must attend an approved parenting program within 60 days of filing or service. Read the Denton order.
- Tarrant County. Tarrant has no automatic standing order. If either spouse wants court rules in place while the case is open, they generally have to ask the court for them.
If something in your county's order worries you, such as a planned trip with the children, ask a lawyer before you act.
What to do this week
- Write down the date and time you were served. Your deadline is counted from it.
- Keep every page together. Make a copy and store it somewhere private.
- Find your county's standing order and read it.
- Start gathering your records: tax returns, pay stubs, account statements, insurance policies. The preparing for divorce page has a fuller list.
- Hold off on angry texts, posts or big money moves. Messages can be read in court later.
- Talk to a family lawyer before the deadline. In Scott's words, "The most important thing you can do is speak with a trusted family lawyer as early as possible."
You're not alone in this
Scott is Board Certified, Family Law — Texas Board of Legal Specialization, and his office is in Dallas. "You're not alone in the divorce process." His first consultation is free and confidential. Bring your papers, and he can walk you through what they mean and what comes next.
Questions people ask
Do I have to hire a lawyer to file an answer?
No. The citation itself says you "may employ an attorney", and you can file on your own. Because a divorce decides property, debts and, often, the children's schedule, it often helps to get advice before responding.
If my spouse filed first, does that mean they'll get what they asked for?
No. The petition is only a request. Both sides can present their position, and many cases end in an agreement that looks different from the first petition.
Can the divorce be over before I respond?
A Texas court may not grant a divorce until at least 60 days after the case was filed, except in narrow family-violence situations (Tex. Fam. Code §6.702). Missing your answer deadline can still let the case move forward without your input, so don't wait.
I live in Tarrant County. Am I protected by anything right now?
Tarrant has no automatic standing order. Either spouse can ask the court for temporary orders. If you're worried about money, the home or the children while the case is open, raise it with a lawyer early.
