Served Divorce Papers? Here’s What to Do Next.

I was served with divorce papers. What’s next?

Being served divorce papers in Texas means the legal clock is already running. You have just 20 days to file a formal response before a court can rule against you by default. Taking the right steps now can make a significant difference in the outcome of your divorce.

For decades, the family law attorneys at Varghese Summersett have helped individuals in Fort Worth and throughout Tarrant County respond to divorce petitions, protect their rights, and reach resolutions that work for them and their children. This guide walks you through each step of the process.

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What Should You Do First After Being Served Divorce Papers?

The first thing to do is take a breath. Being served does not determine the outcome of your divorce. It simply begins the legal process. You still have the ability to negotiate, contest, and advocate for your interests at every step.

Once you’ve had a moment to collect yourself, sit down and read the petition from start to finish. Pay close attention to the grounds for divorce cited (in Texas, most petitions cite insupportability under Texas Family Code § 6.001), any temporary orders requested, proposals for child custody and support, division of assets and debts, requests for spousal maintenance, and the response deadline. Make notes on anything you disagree with or find inaccurate. Those notes become the foundation of your attorney consultation.

How Long Do You Have to Respond to Divorce Papers in Texas?

Under Texas Family Code § 6.701, you must file a written answer by 10:00 a.m. on the first Monday after 20 days have elapsed from the date you were served. Missing this deadline can result in a default judgment, which allows a judge to grant your spouse everything they requested in the petition without your input. Do not assume you have more time than you do.

What Are the Legal Grounds for Divorce in Texas?

Texas law allows divorce on both no-fault and fault grounds. Understanding which grounds your spouse has cited matters because it shapes what each side may need to show in court.

No-Fault Divorce: Texas Family Code § 6.001 allows divorce based on insupportability, meaning the marriage has become insupportable due to discord or conflict that has destroyed the legitimate ends of the marriage relationship. No proof of specific conduct is required, and neither party bears a burden to show fault.

Fault-Based Grounds: Under Texas Family Code §§ 6.002–6.007, a spouse may also seek divorce on grounds including cruelty, adultery, felony conviction, abandonment, living apart, or confinement in a mental hospital. If your spouse has cited fault, they bear the burden of proving those grounds by a preponderance of the evidence. A finding of fault can influence how the court divides marital property under Texas Family Code § 7.001, which requires a just and right division rather than an automatic 50/50 split.

What Happens with Child Custody and Child Support?

If children are involved, the court’s decisions on custody and support will be governed by the best interest of the child standard under Texas Family Code § 153.002. Texas courts presume that joint managing conservatorship serves children’s best interests under Texas Family Code § 153.131, though that presumption can be rebutted if evidence shows it would not serve the child’s welfare.

As a respondent, you have the right to present your own parenting plan and evidence of your relationship with your children. Courts examine each parent’s work schedule, the children’s schooling and activities, each parent’s caregiving ability, and any special needs the children may have. Child custody and child support issues are among the most consequential decisions in a divorce, and having an experienced attorney at your side makes a measurable difference.

Protect What Matters Most. Schedule a consultation with a Varghese Summersett family law attorney today.

How Do You File an Answer to a Divorce Petition?

Your formal written response is called an Answer. Your attorney will draft this document, but you should understand what it accomplishes. The Answer addresses each allegation in the petition, either admitting it, denying it, or stating you lack sufficient information to respond. It may also include:

• A counter-petition for divorce if you wish to assert your own grounds or requests
• Affirmative defenses where applicable
• Your own requests for property division, custody, and support
• Requests for temporary orders if needed immediately

Once filed with the district court in Tarrant County, your Answer formally puts you in the case as a party with standing to be heard on every issue.

What Are Temporary Orders, and Do You Need Them?

Temporary orders are court-issued rulings that govern critical issues while the divorce is pending. They can determine who lives in the family home, set a temporary parenting schedule, establish temporary child and spousal support, assign responsibility for bills, and restrict both parties from selling or transferring assets. If your spouse has already requested temporary orders, you need to respond. If they haven’t, you may want to initiate them yourself, particularly if you have concerns about finances or access to your children. A hearing on temporary orders can happen quickly after an Answer is filed, making early legal guidance essential.

What Financial Documents Should You Gather Right Away?

Both spouses in a Texas divorce are required to provide detailed financial disclosures, including a sworn inventory and appraisement of all assets and debts. Start gathering the following as soon as possible: tax returns from the past three to five years, bank and investment account statements, retirement account statements, mortgage documents and vehicle titles, life insurance policies, business records if applicable, Social Security statements, and your marriage certificate and children’s birth certificates. Providing complete, accurate disclosures is a legal obligation. Hiding assets or providing false information can severely damage your case and expose you to sanctions.

Get Clarity About Your Options Today. Reach out to a Varghese Summersett family law attorney to discuss your situation.

How Is Marital Property Divided in a Texas Divorce?

Texas is a community property state. Under Texas Family Code § 7.001, the court is required to divide the marital estate in a manner that is “just and right,” considering the rights of each party. That standard does not mean equal. Courts weigh factors including fault in the breakup of the marriage, each spouse’s earning capacity, disparity of income, each party’s age and health, and the needs of children. Separate property (assets owned before marriage or received as gifts or inheritance) generally remains with its owner. Understanding the difference between community and separate property is one of the first things your attorney will address.

What Role Does Mediation Play After You Are Served?

Most Tarrant County courts require parties to attempt mediation before going to trial. Even where it isn’t required, mediation can be a valuable tool for resolving disputes on custody, property, and support without the cost and unpredictability of a courtroom battle. A skilled mediator helps both sides reach a binding Mediated Settlement Agreement. You and your attorney will prepare thoroughly for mediation so that any agreement reached actually protects your interests rather than simply ending the conflict quickly.

How Should You Handle Social Media and Communications During Your Divorce?

Be very careful about what you post online or say in writing during your divorce. Social media posts, text messages, and emails can all be used as evidence in court. Avoid making statements about your spouse, posting photos that could reflect poorly on your parenting, or discussing your case publicly. Keep communications with your spouse businesslike and focused on necessary matters. If direct communication is difficult, your attorney can help you establish appropriate boundaries or recommend a co-parenting communication app.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you get more than a single attorney. You get a team. Our family law group includes attorneys recognized by Super Lawyers, Best Lawyers in America, and top regional publications, with diverse experience ranging from contested high-asset divorce to complex custody disputes. We match you with the right attorney for your situation and back that attorney with a full support team so nothing falls through the cracks.

From your first consultation through final decree, you can expect direct communication, honest assessments of your options, and assertive representation whether your case settles at mediation or proceeds to trial. We serve clients in Fort Worth, Southlake, and throughout Tarrant County from our office conveniently located in downtown Fort Worth.

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Frequently Asked Questions About Being Served Divorce Papers in Texas

What happens if I don’t respond to divorce papers in Texas?

If you fail to file an Answer by 10:00 a.m. on the first Monday after 20 days from the date of service, the court may enter a default judgment against you. This means your spouse could receive everything they requested in the petition, including custody arrangements, property division, and support, without a hearing where you can present your side.

Can I contest everything in the divorce petition?

Yes. Your Answer can deny any or all of the requests in the petition. You can contest the proposed property division, custody arrangement, child support amount, and any fault grounds your spouse has asserted. You can also file a counter-petition asserting your own requests. The divorce process gives both parties an opportunity to be heard before a judge makes any final rulings.

Do I have to move out of the house after being served?

Not automatically. Being served with divorce papers does not require either party to vacate the marital home unless a court specifically orders it through temporary orders. If your spouse requests temporary orders that would require you to leave, you have the right to contest those orders at a hearing. Speak with an attorney before making any decisions about leaving the home, as doing so could affect property claims and parenting arrangements.

How long does a divorce take in Texas after papers are served?

Texas law imposes a mandatory 60-day waiting period from the date the original petition was filed before a divorce can be finalized (with a narrow exception for domestic violence situations). Most uncontested divorces take three to six months. Contested divorces involving disputes over custody, property, or support can take a year or more, depending on the complexity of the issues and the level of conflict between the parties.

Do I need an attorney to respond to divorce papers in Texas?

You are not legally required to hire an attorney, but responding to a divorce petition without one carries significant risk. Divorce can determine where your children live, how your retirement accounts are divided, whether you pay or receive spousal support, and how years of accumulated assets are split. An experienced family law attorney understands the procedural rules, the local courts, and how to advocate effectively for your interests at every stage.

Being served divorce papers is the beginning of a legal process, not the end of a life. With the right guidance, you can protect your rights, your finances, and your relationship with your children. The family law team at Varghese Summersett is ready to help you take the next step. Call (817) 203-2220 to speak with a family law attorney serving Fort Worth and Tarrant County.