Being served with divorce papers can feel like having the rug pulled out from under you. Whether you suspected it was coming or you’re completely blindsided, receiving that envelope from a process server triggers a flood of emotions – shock, anger, sadness, confusion, or even relief. But once those initial feelings settle, you’re left with a critical question: What do I do now?
As Texas divorce attorneys who’ve guided countless clients through this exact situation, we understand how overwhelming this moment can be. The good news is that being served divorce papers, while stressful, is simply the beginning of a legal process – and knowing what to expect can help you navigate it with confidence.
Let me walk you through exactly what happens after you’re served with divorce papers in Texas, what your options are, and the crucial steps you need to take to protect your rights and interests.
Understanding What You’ve Been Served
First, let’s talk about what you actually received. In Texas, the person who files for divorce (called the “petitioner”) must have the other spouse (the “respondent”) formally served with two key documents:
The Original Petition for Divorce: This document initiates the divorce proceedings and typically outlines what your spouse is requesting, including:
- Grounds for divorce (usually “insupportability,” which means the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation) (Tex. Fam. Code § 6.001)
- How they want to divide property and debts
- Custody arrangements for children (if applicable)
- Child support and spousal support requests
- Any other relief they’re seeking
The Citation: This is an official notice from the court informing you that you’ve been sued for divorce and explaining your legal obligations and deadlines.
The citation is arguably the most important document right now because it contains critical information about your deadline to respond.
The Clock Is Ticking: Your Response Deadline
Here’s what you need to know immediately: You have until 10:00 a.m. on the first Monday following 20 days after you were served to file an answer with the court. (Tex. R. Civ. P. 99(b))
Let me break that down. If you were served on a Wednesday, you count 20 days from that Wednesday, then proceed to the first Monday after that 20-day period. Your answer must be filed by 10:00 a.m. on that Monday.
This deadline is not flexible. If you miss it, your spouse can request a default judgment, which means the court could grant them everything they asked for in their petition – without you having any say in the matter.
I cannot stress this enough: Do not ignore divorce papers, and do not miss this deadline.
The Most Important Step: Talk to an Attorney Immediately
Before we go any further, let’s address the elephant in the room. I know what you might be thinking: “I can’t afford an attorney right now” or “Maybe I can handle this on my own.”
Here’s the truth: Consulting with a divorce attorney within the first few days of being served may be one of the most important conversations you’ll ever have.
Yes, an initial consultation with a reputable divorce attorney in Texas can cost between $500 and $1,000. And yes, that might feel like a lot of money, especially when you’re already stressed about the financial implications of divorce.
But consider this: The decisions made during your divorce will affect your finances, your relationship with your children, your living situation, and your future for years – possibly decades. We’re talking about the division of assets you’ve spent a lifetime accumulating, custody arrangements that will shape your children’s upbringing, and support obligations that could impact your financial stability for years to come.
It may be the best money you’ve ever spent.
Think about what’s at stake:
- Your home and real estate holdings
- Your retirement accounts and savings
- Your business or professional practice
- Your relationship with your children
- Your financial obligations going forward
- Your future earning capacity
A single mistake in how you respond to divorce papers or what you say (or don’t say) in those crucial first weeks can cost you tens of thousands of dollars – or more. It can affect your custody rights. It can determine whether you keep the family home or have to start over.
I’ve seen people lose significant assets, custody time with their children, and favorable settlement opportunities simply because they waited too long to get legal advice or tried to navigate the process alone. By the time they realized they needed help, they’d already made critical errors that were difficult or impossible to undo.
An experienced divorce attorney can:
- Review the petition and identify issues you might not even recognize
- Explain your rights under Texas law in your specific situation
- Help you avoid costly mistakes in these critical early days
- Develop a strategy tailored to your goals and circumstances
- Ensure you meet all deadlines and follow proper procedures
- Spot red flags or unfair requests in your spouse’s petition
- Advise you on immediate steps to protect your assets and interests
Even if you ultimately decide to pursue an uncontested divorce or handle some aspects on your own, that initial consultation gives you the knowledge and framework you need to make informed decisions. You’ll understand what’s reasonable, what’s not, what you should fight for, and what you can compromise on.
Don’t let the cost of a consultation prevent you from protecting everything you’ve worked for. Most attorneys will work with you on fee arrangements. The investment you make in understanding your rights and options now will pay dividends throughout your divorce process and beyond.
Schedule that consultation today – not next week, not after you “figure things out,” but now, while you still have time to make strategic decisions rather than reactive ones.
Your Four Options After Being Served
Once you’ve been served with divorce papers in Texas, you have four basic options:
Option 1: File an Answer
Filing an answer is your formal response to the divorce petition. In your answer, you’ll respond to the allegations and requests in your spouse’s petition. You might agree with some points and disagree with others.
Your answer serves several important purposes:
- It prevents a default judgment against you
- It preserves your right to participate in the divorce proceedings
- It puts your spouse and the court on notice about what you’re requesting
- It protects your interests regarding property division, custody, and support
When you file an answer, you can also file a “counter-petition,” which allows you to make your own requests to the court regarding property division, child custody, support, and other matters.
Option 2: File a Waiver of Service
If you and your spouse are on reasonably good terms and agree on how to proceed, you might choose to sign a “Waiver of Service” instead of filing an answer. This document indicates that:
- You’ve received a copy of the divorce petition
- You waive formal service of process
- You’re participating in the divorce voluntarily
A waiver of service can save money on process server fees and streamline the process. However, signing a waiver doesn’t mean you agree with everything in the petition – you can still contest issues later. It simply means you acknowledge you’ve received the papers and don’t require formal service.
Option 3: Negotiate a Settlement
Some couples are able to reach agreements on major issues fairly quickly. If you and your spouse can negotiate the terms of your divorce – including property division, custody arrangements, and support – you might draft and sign an agreed final decree of divorce.
This doesn’t eliminate the need to file an answer by your deadline, but it can significantly shorten and simplify the divorce process. Many couples find this approach less adversarial, less expensive, and less emotionally draining than contested litigation.
Option 4: Do Nothing (Not Recommended)
Technically, you could choose to do nothing after being served. However, this is almost never a good idea. If you don’t respond by the deadline, your spouse can seek a default judgment, and the court may grant them everything they requested – even if their requests are unreasonable or unfair.
You’d lose your opportunity to:
- Contest the division of property and debts
- Fight for custody or visitation rights with your children
- Request child support or spousal maintenance
- Protect your financial interests
Even if you ultimately agree with your spouse on most issues, it’s crucial to file some type of response to preserve your legal rights.
Critical First Steps You Need to Take
Beyond consulting with an attorney and filing your answer, here are the essential steps you should take immediately after being served with divorce papers:
1. Read Everything Carefully
Take time to thoroughly read the petition and citation. Make notes about anything you disagree with or have questions about. Pay special attention to:
- What property and debts are listed
- What custody arrangements are proposed
- Any requests for spousal support
- How retirement accounts and other assets are characterized
2. Gather Financial Documents
Start collecting documentation of your finances, including:
- Bank statements (for all accounts, including those in your name only, your spouse’s name only, and joint accounts)
- Investment and retirement account statements
- Pay stubs and tax returns
- Credit card statements
- Mortgage documents and property deeds
- Vehicle titles
- Business records (if you own a business)
- Documentation of separate property (property you owned before marriage or inherited)
3. Document Your Parenting
If you have children, start documenting your involvement in their lives:
- Keep a calendar of your time with the children
- Save emails, texts, and other communications about the kids
- Document school involvement, medical appointments you’ve attended, and extracurricular activities
- Keep receipts for expenses you pay for the children
This documentation can be crucial when the court considers the best interest of the child.
4. Protect Your Assets
While you shouldn’t hide assets or drain accounts, you should take reasonable steps to protect yourself financially. You should:
- Open a bank account in your name only if you don’t have one
- Consider freezing joint credit cards or lowering credit limits to prevent your spouse from running up debt
- Change passwords on your personal accounts
- Make copies of important documents and store them securely
- Get a credit report to understand all joint obligations
5. Avoid Common Mistakes
After being served with divorce papers, emotions run high. Here are critical mistakes to avoid:
Don’t move out of the family home without consulting an attorney first. Moving out could affect property division and custody arrangements.
Don’t disparage your spouse on social media. Assume anything you post online will be seen by the judge.
Don’t introduce your children to a new romantic partner. This can negatively impact custody decisions.
Don’t make major financial decisions. Avoid large purchases, selling assets, or moving money without court approval or your attorney’s advice.
Don’t discuss the case with your children. Keep them out of adult matters and never use them as messengers.
Don’t violate any temporary orders. If your spouse has requested and received temporary orders, follow them to the letter.
Don’t sign anything without legal review. Your spouse or their attorney might present you with documents to sign. Have your own attorney review everything first, even if it seems simple or fair.
Understanding the Texas Divorce Process
Once you’ve filed your answer, here’s generally what happens next in a Texas divorce:
The 60-Day Waiting Period
Texas requires a 60-day waiting period from the date the divorce petition was filed before the divorce can be finalized (Tex. Fam. Code § 6.702). This cooling-off period is designed to give couples time to reconcile or thoughtfully work through the issues. The court cannot grant a divorce before this 60-day period expires, except in cases involving family violence.
Temporary Orders
Either spouse can request temporary orders to address immediate needs during the divorce, including:
- Temporary custody and visitation
- Temporary child support
- Temporary spousal support
- Who stays in the family home
- Payment of bills
- Restrictions on asset disposal
Automatic Temporary Restraining Orders
It’s important to know that when a divorce petition is filed, both parties are automatically subject to certain restraining orders (Tex. Fam. Code § 6.502) that prohibit them from:
- Destroying, removing, or concealing property
- Falsifying records
- Incurring unreasonable debt
- Making withdrawals except for reasonable living expenses
- Terminating utilities or insurance
- Changing beneficiary designations
Discovery
During the discovery phase, both sides exchange information and documents relevant to the divorce. This might include:
- Requests for production of documents
- Interrogatories (written questions that must be answered under oath)
- Requests for admission
- Depositions (oral testimony under oath)
In family law cases, parties are also required to exchange certain financial information through mandatory disclosures (Tex. Fam. Code § 6.502(a-1)).
Negotiation and Mediation
Most Texas divorces are resolved through negotiation rather than trial. Many courts require mediation, where a neutral third party helps you and your spouse try to reach agreements on contested issues.
Trial (If Necessary)
If you and your spouse cannot reach agreements on all issues, your case will go to trial. A judge will make decisions about property division, custody, support, and other contested matters. Either party can request a jury trial for certain issues (though jury trials in divorces are relatively rare).
Final Decree
Once all issues are resolved – whether through agreement or trial – the court will sign a Final Decree of Divorce, which officially ends your marriage and sets out the terms of your divorce.
Key Issues in Texas Divorces
As you navigate your divorce, here are the major issues you’ll need to address:
Property Division
Texas is a community property state (Tex. Fam. Code § 3.002), which means that most property acquired during the marriage belongs equally to both spouses, regardless of whose name is on the title. However, separate property – property you owned before marriage, inherited, or received as a gift (Tex. Fam. Code § 3.001) – remains yours.
The court will divide the community estate in a manner that is “just and right” (Tex. Fam. Code § 7.001), which doesn’t necessarily mean 50/50. Factors the court considers include:
- Each spouse’s earning capacity and education
- Fault in the breakup of the marriage (in some cases)
- Benefits the innocent spouse would have received if the marriage had continued
- Disparity in earning power
- Health of the spouses
- Child custody arrangements
- Size of the separate estates
- The nature of the property
Child Custody and Visitation
In Texas, custody is referred to as “conservatorship.” The court must make decisions based on the best interest of the child (Tex. Fam. Code § 153.002), considering factors like:
- Each parent’s ability to care for the child
- The child’s emotional and physical needs
- Any history of family violence
- The child’s wishes (if age 12 or older, the child may file a written statement with the court) (Tex. Fam. Code § 153.009)
- Each parent’s stability
- Plans for the child’s upbringing
- Acts or omissions of a parent that may indicate the parent’s relationship with the child is improper
Texas law presumes that appointing both parents as joint managing conservators is in the child’s best interest (Tex. Fam. Code § 153.131), unless there’s a history of family violence or other factors that would not be in the child’s best interest.
Child Support
The parent who has the child less than 50% of the time (the “noncustodial parent”) typically pays child support to the other parent (the “custodial parent”).
Texas has statutory guidelines for calculating child support (Tex. Fam. Code § 154.125), based on:
- The paying parent’s net monthly resources
- The number of children before the court
- Whether the paying parent has other children to support
The guideline percentages of net resources are (Tex. Fam. Code § 154.125(a)):
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6+ children: Not less than 40%
As of September 1, 2025, these percentages apply to net monthly resources up to a cap of $11,700. For parents earning above this amount, courts may consider additional income based on the child’s proven needs and the parent’s ability to pay.
“Net resources” (Tex. Fam. Code § 154.062) includes all wage and salary income, self-employment income, interest and dividends, royalty income, rental income, bonuses, commissions, and certain other sources, minus limited deductions including:
- Federal income tax (calculated as if the parent is a single person using the standard deduction)
- Social Security taxes (or mandatory retirement contributions if not paying into Social Security)
- Union dues
- The cost of the child’s health and dental insurance
The court can deviate from the guidelines if their application would be unjust or inappropriate (Tex. Fam. Code § 154.130).
Spousal Maintenance
Spousal maintenance (alimony) is available in Texas only in limited circumstances (Tex. Fam. Code § 8.051). To qualify, the requesting spouse must show:
- The marriage lasted at least 10 years, and they lack sufficient property to meet their minimum reasonable needs, OR
- They have a disability that prevents them from earning sufficient income, OR
- They are the custodian of a child with a disability that prevents them from working, OR
- The other spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing or during the pendency of the suit
Even if you qualify, spousal maintenance in Texas is limited in duration and amount (Tex. Fam. Code § 8.054 and § 8.055):
- Maximum duration depends on marriage length (generally 5-10 years)
- Maximum amount is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income
Questions to Ask During Your Attorney Consultation
When you meet with potential attorneys, come prepared with questions:
- How long have you practiced family law in Texas?
- What percentage of your practice is devoted to divorce cases?
- Are you familiar with the judges in the county where my case will be filed?
- What’s your approach to divorce – collaborative, aggressive, or somewhere in between?
- How do you communicate with clients, and how quickly do you typically respond?
- What are your fees, and how do you bill?
- Do you offer payment plans?
- Based on what I’ve told you, what outcomes can I realistically expect?
- What’s your availability, and who else in your office might work on my case?
- What steps should I take immediately to protect my interests?
- What are the biggest mistakes you see people make in my situation?
- How long do you think my case will take?
- Have you handled cases involving [specific issues relevant to your case]?
Don’t be afraid to consult with multiple attorneys before making your decision. Most offer free or low-cost initial consultations, and finding the right fit is important. You need someone who understands your situation, communicates in a way that makes sense to you, and has the experience to handle your specific circumstances.
The Emotional Side: Taking Care of Yourself
While we focus heavily on the legal aspects of divorce, don’t neglect the emotional toll this process takes. Here are some suggestions:
Consider therapy or counseling. A mental health professional can help you process your emotions and develop healthy coping strategies.
Build a support network. Lean on trusted friends and family members who can provide emotional support.
Take care of your physical health. Exercise, eat well, and get enough sleep. Physical health supports emotional resilience.
Maintain routines. Especially if you have children, maintaining normal routines provides stability and security.
Give yourself grace. Divorce is one of life’s most stressful events. It’s okay to have bad days.
Set boundaries. Limit contact with your spouse to necessary communications, preferably in writing.
Focus on what you can control. You can’t control your spouse’s actions or the pace of the legal process, but you can control how you respond and how you take care of yourself.
Moving Forward with Confidence
Being served with divorce papers marks the beginning of a challenging chapter, but it’s not the end of your story. Thousands of people go through divorce in Texas every year and emerge on the other side ready to build new, fulfilling lives.
The key is to approach this process thoughtfully and strategically. By taking prompt action, protecting your rights, gathering information, and working with experienced legal counsel, you can navigate your divorce with confidence and position yourself for the best possible outcome.
Remember, the decisions you make in the coming weeks and months will affect your life for years to come. Don’t rush, don’t make decisions based on emotion alone, and don’t be afraid to ask for help.
Your Next Steps
If you’ve been served with divorce papers in Texas, here’s what to do right now:
- Schedule a consultation with a divorce attorney immediately – Don’t wait. This is the single most important step you can take. The $500-$1,000 you invest in this conversation will be the best money you spend throughout this entire process.
- Note your answer deadline – Mark it on your calendar and set multiple reminders. You must file by 10:00 a.m. on the first Monday after 20 days from service. This is non-negotiable.
- Start gathering documents – Begin collecting financial records, property documents, and other relevant information.
- Avoid rash decisions – Don’t make major life changes or financial decisions without professional guidance.
- Focus on what you can control – You can’t control your spouse’s actions, but you can control your own response.
- Take care of yourself – This is a marathon, not a sprint. Prioritize your physical and emotional well-being.
Get the Legal Help You Need Today
At Varghese Summersett, we understand that receiving divorce papers is overwhelming. Our experienced divorce attorneys have helped countless Texans navigate this process and achieve favorable outcomes. We’re here to answer your questions, protect your rights, and guide you through every step of your divorce.
That initial consultation isn’t just about hiring an attorney – it’s about understanding your situation, learning your options, and creating a roadmap for moving forward. It’s about making sure you don’t make costly mistakes in those critical early days. It’s about protecting what you’ve worked for and ensuring the best possible outcome for you and your children.
Don’t wait another day to protect your future. The clock is already ticking on your response deadline, and every day you delay is a day you could be taking strategic action to protect your interests.
Contact Varghese Summersett today for a consultation. We’ll review your situation, explain your rights under Texas law, and help you develop a strategy to protect your interests and move forward with confidence.
Your new chapter is beginning – let us help you write it well.
