Texas Divorce Process

Overview of the divorce process in Texas

Prior to making the decision to proceed with a divorce in Texas, it is a good idea to become familiar with the divorce basics and the key issues that must be addressed in the divorce process.

Texas Divorce Basics

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the "Petitioner". The other spouse is known as the "Respondent".

Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas.

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition.

No Fault: Texas is a No Fault Divorce State. "No Fault" means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce. You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process.

Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

Appeal Period: After the divorce decree is signed by the judge, each spouse can technically file an appeal for 30 days. As such, neither spouse can get married until the divorce decree is final (30 days has elapsed from the date in which the judge signed divorce decree).

Grounds for a divorce in Texas

Adultery
Abandonment
Confinement for incurable insanity for three years
Conviction of a felony and imprisonment for over one year
Cruel and inhuman treatment.
Insupportability - This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

The 6 Step Texas Divorce Process:

The first step in getting a divorce in Texas is to file the "Petition for Divorce". This form will tell the judge and your spouse that you want a divorce.

Make 2 copies of a fully filled out and completed Petition for Divorce. Take the original along with 2 copies to the District Clerk's Office at your local county Courthouse where either spouse has lived for the last 90 days. The fee for filing the Petition for Divorce typically ranges from $250 - $300 dollars.
If for any reason you are unable to pay the filing fee, you may be eligible to have the county filing fees waived due to either a lack of money or if you are receiving public benefits for assistance (check with the district clerk in the county in which you intend to file the divorce). This is called an Affidavit of Inability of Pay and it will require you to disclose your financials to the court.
The Clerk will stamp your paperwork and assign a cause number and a judicial district (i.e. specific court). You will receive your two copies back, one for you and the other needs to be delivered to your spouse for legal notice of your divorce filing. Be sure to put your copy in a safe place.

The Petitioner (the person initiating the divorce) must give legal notice to the Respondent (spouse). This means that one of the file-stamped copies of the petition for divorce must be delivered to your spouse. There are a couple of methods of proving to the judge that you provided notice to your spouse:

Official Service in Person

You can hire an official process server or constable to give legal notice to the Respondent (your spouse) in person. After your spouse has been served you will receive a Return of Service from the process server/constable that is filed with the clerk to prove that your spouse received a copy of the Petition.

Waiver of Service

If the Respondent doesn't want to have a process server or constable serve/deliver the Petition for Divorce, the Respondent can simply sign a waiver of service in front of a notary. This will let the court know that they received a copy of the Petition for Divorce and thus have been informed of the divorce.
Avoid giving your spouse the Waiver of Service until you have filed your Original Petition for Divorce with the court.
If the Respondent doesn't want to waive their right to contest the divorce, they can file a Response (aka Answer or General Denial) instead.

Response/Answer

The filing of an Answer by the Respondent lets the court know that the Respondent has received notice of the divorce and is actively participating in the case and may contest the terms of the divorce.
The Answer alone doesn't assert any claims against the Petitioner. To make claims against the Petitioner, the Respondent has to file a Counter Petition for Divorce.
The spouse that files the Answer does not have to go to court and it does not necessarily mean that the case is contested.

Important Reminders

This Return of Service form must be filed with the district clerk to show the Court that your spouse has received legal notice of the divorce case.
If the Respondent fails to file an Answer (response to the divorce for through the use of an Answer Form) by the Monday following the 20th day after receipt of legal notice, the Petitioner can request a default judgment and the Court can award a divorce to the Petitioner without the Respondent signing off.
Your divorce can only be finalized after 60 days from the day you filed the petition for divorce but the 60 day waiting period can be waived due to domestic violence.

Did your spouse file an Answer or have made it clear that they will not agree with your terms of divorce? If the answer to this question is "yes", you have a contested divorce. The divorce process is stressful enough, a contested divorce is more stressful and expensive. The cost of a divorce can vary greatly depending on whether it is a contested or uncontested divorce.

Contested divorce in Texas (Spouse Disagrees)(High Cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide.
Texas has juries in divorce trials
Most divorce trials aren't long, drawn out affairs like trials you may have seen on television. Many take a day or two, or even just a morning
It will take a huge emotional toll on you, your spouse, and certainly your kids, and also your bank account.
An average divorce may run $30,000 (each) with lawyers and could easily go higher with a few added complexities.
More forms to fill out and more information needed from both parties.
Will not recommend you do it yourself, get some assistance from a mediator or an attorney.

Uncontested Divorce in Texas (Spouse Agrees)(Lower Cost)

If you can make this happen its is the best choice for you and your spouse. Uncontested divorce is when you and your spouse work together to agree on the terms of your divorce, and you both fill out the divorce papers cooperatively to make the divorce happen.
Your uncontested case is ‘agreed’ if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.
There is no formal trial, and you probably won't have to ever appear in court.
The judge will usually approve a settlement agreement unless it's clear that the terms are completely unfair to one person or were arranged when one person was under duress.
Takes less time to complete an uncontested divorce and could cost you $100's, not $1000's.

1. Free Forms

The state of Texas has published free divorce forms. They are a little tricky to use, but will get the job done if your divorce is uncontested and you meet all of the requirements.

2. Do It Yourself Divorce (Low Cost)

If both spouses are willing to come to an agreement, you have what the divorce industry calls an "uncontested divorce". An uncontested divorce is pretty simple. Using uncontested divorce forms can make the divorce process simple and much faster. Once you are done with an online interview, you will have all necessary forms and instructions on how to use them.

3. LAWYER (Highest cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide. Both parties will get a lawyer and fight for what they want and don't want based on their arguments. Like mentioned earlier, this is a very long and expensive process that should only be used if you and your spouse are unable to agree on most things.

Each spouse hires a lawyer
There is no guarantee who will get what because it is left up to the judge for the final verdict.
Other professionals are typically involve like accountants, therapist, actuary and this makes the cost go up.
Kids are put through a lot of stress.
Will take over at least triple the time compared to an uncontested divorce waiting period of 61 days.

Every divorcing couple must consider how property and debts will be divided, and whether one spouse will pay spousal support to the other. If you have kids, you'll also need to make decisions about child custody, visitation, and support. You and your spouse will either need to work out these three big issues or turn them over to a judge to decide.

There are two types of property in Texas Community and Separate Property. Each explained below:

COMMUNITY PROPERTY

Is the collection of assets you and your spouse have gathered during your marriage, including money, real estate, investments, pension plans, and so on. Martial debts are obligations you took on together during your married life. Both the property and the debts belong to both of you, and part of the divorce process will be to divide them up between you. Unless the court finds that equal division would be unjust.
Texas is a community property state.
Any property possessed by either spouse while married is considered to be community property.

SEPARATE PROPERTY

Are assets or debts that either of you had before your marriage, or that you acquired after the permeant separation, are called separate property or debts. Generally, each of you will keep your separate property and be responsible for your separate debts, in some states separate property can be divided at divorce.
Any property that was acquired during the marriage by gift or inheritance is also considered separate property.
If you and your spouse agree on how to divide your property then the court will simply approve your agreement. If you can't agree the court will divide things up for you the way they choose.

CHILD CUSTODY

Even if you and your spouse are never on the same page of on money matters, you should both try your hardest to come to an agreement about child custody. A child custody fight will indeed harm your children more than any other kind of dispute that might come up in the divorce process. Try to do any and everything to avoid it.

Things to figure out if you have children:

You or your spouse will pay child custody
You have to decide wether you and your spouse will share custody equally or who will be the primary custodial parent.
The person who does not have custody will be awarded visitation rights
Both spouses or one spouse may be ordered to make either a periodic, lump-sum, or in some cases may require a spouse to pay both payment intervals.

Types of custody:

Custody means to have physical custody: you child lives with you and legal custody: make legal decisions about the child welfare and education.
Sole custody, if a parent has both legal and physical custody and the other has fairly limited visitation.
Joint custody: both parents share physical and legal custody.

SPOUSAL SUPPORT (spousal maintenance)

Texas allows a maximum spousal support payment of $5,000 a month or 20% of a spouse’s average monthly gross income, if that amount is less then the $5,000.
Spousal support can be only required when the receiving spouse is not able to earn sufficient income and the time frame is not forever.
How long can you receive spousal support in Texas if you meet the requirement? Married 0-10 years = None, Married 10-20= up to 5 years, Married 20-30 years= up to 7 years, Married 30 or more years= up to 10 years
There are three exceptions:
- Mental or Physical disability
- Needed for tending to an infant or young child of the marriage
- A spouses earnings are enough to provide for the "minimum reasonable needs"

At this point you and your spouse have either came to an agreement and signed a decree of divorce or their still isn't an agreement on all terms. If the parties cannot reach an agreement, they may be required to attempt Mediation (only if you haven't already). If the parties cannot reach agreement, a trial date will be set and the judge will decide what the terms of the divorce will be.

Agreed Divorce: In an agreed divorce divorce, the spouses will include the terms of the divorce within a document called the "Final Decree of Divorce" or what is often referred to as the "Decree". The document will be signed by both spouses and then presented to the judge for his/her signature by one or both of the spouses at a "prove-up" hearing. The presenting spouse will hand the Decree to the judge and read a few sentences from a script. Once the Decree has been proved up, the judge will make it official and sign the Decree.

Comments 511

Justin
December 18, 2017 at 10:59 pm

Our no fault divorce decree was final in October 2017 and i awarded the property to her. There were no kids.
Now in december 2018 my ex saying me that she will go to court and tell them that it was a forced divorce or she signed the paper without reading it and will also claim the house i bought after divorce and business before marry her.
Is there any logic in it? will she succeed in giving that problem in anger?

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PHILLIP
November 29, 2017 at 8:51 pm

I filed for divorce in Texas (Pro se) a couple of months ago, my “wife” filed a response(she agreed to the divorce) but is now refusing to sign the final decree and wont talk to me. What is my next step? There are no children, money, or property involved.

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1. Post
  Author
  
  txdivorce
  December 5, 2017 at 2:27 pm
  
  If your spouse files a response, the default judgment route is probably not viable (unless she fails to appear at the trial). That leaves two options: (1) contested divorce or (2) agreed/uncontested divorce. If the agreed divorce option is no longer viable, you will have to traverse the contested divorce path. Most courts will require mediation before the divorce case can be set for a trial. If mediation doesn’t settle the outstanding issues, the judge will need to decide the terms of divorce at a trial.
  
  Reply
Cyndi
November 20, 2017 at 8:37 pm

I filed a petition for divorce in July and my ex husband was served about a month ago. What is the next step? Am I supposed to receive some kind of notice or am I supposed to go back to the court now for the next step?

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1. Post
  Author
  
  txdivorce
  December 5, 2017 at 2:09 pm
  
  If your spouse files an answer, you’ll have to litigate the divorce. If he is willing to work with you and ultimately sign the decree, you can present the fully executed divorce decree to the judge (at his/her uncontested docket) for consideration.
  
  Reply
Robyn
November 17, 2017 at 11:10 am

My girlfriend put a restraining order on her husband after he physically abused her. Then she filed for divorce. It’s been 3 months and now the man is refusing to sign the divorce papers until she drops the charges. She is NOT going to drop the charges. So, is there a rule or law that says she can still get the divorce finalized by a judge if he’s refusing to sign?

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1. Post
  Author
  
  txdivorce
  November 17, 2017 at 3:07 pm
  
  Of course! Not all spouses agree to the divorce. When this happens, the judge decides the terms of the divorce.
  
  Reply
Dani
November 12, 2017 at 7:07 am

My husband was served and didn’t respond to the petition. I was granted a default divorce. The 30 day period has expired. Then, 45 days after the divorce was granted, he filed a motion to overturn the decision and start the divorce over. We are to go back to court in a few weeks. Is this allowed in Texas when I did everything I needed to do? The thought and expense of starting over is overwhelming me.

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1. Post
  Author
  
  txdivorce
  November 13, 2017 at 10:58 am
  
  It is possible (if your spouse filed a Bill of Review) if your spouse can prove he/she did not receive notice of the divorce proceeding. If he/she did not get notice the default judgment can be overturned.
  
  Reply
Sherry hoyt
November 7, 2017 at 1:07 pm

My husband and I have not lived as husband and wife in 25 years I am trying to get healthcare assistance and need a copy of final divorce decree, my ex will not talk to me. I don’t know what county or even if we are divorced. How can I find out without his cooperation?

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1. Post
  Author
  
  txdivorce
  November 13, 2017 at 11:01 am
  
  You’ll first need to determine if you are already divorced. You may need to hire a private investigator to perform this research. If not divorced, then you’ll can file for divorce in a state with jurisdiction and a county with proper venue.
  
  Reply
John J.
November 6, 2017 at 3:46 pm

My wife and I agreed to get divorced. However she move out of the states but we still want to get divorced. Can I file for divorce in Texas and have her sign in the country where she currently resides in front of notary there and send the required papers back to me? Does she need to be in the US for any steps in the divorce?

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  Author
  
  txdivorce
  November 13, 2017 at 11:04 am
  
  There is no requirement that a respondent spouse be physically located in the U.S.
  
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  1. Judith
    December 23, 2017 at 7:11 am
    
    Where can I find more information on this matter, I am in a similar situation. My soon to be ex husband sent me a notarized letter from the country were he is residing currently agreeing to the divorce
    
    Reply
ann
October 29, 2017 at 12:41 pm

will i lose my half of house in texas if i let home after wife told me to leave or will we have to sell community property or but the other out

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1. Post
  Author
  
  txdivorce
  November 13, 2017 at 11:12 am
  
  It is impossible for us to know what will happen in a contested divorce. A judge will ultimately decide who gets what in a contested divorce. If the spouses can agree on the terms of the divorce, the judge should go along with the agreement of the spouses.
  
  Reply
John
October 27, 2017 at 10:30 am

My wife filled for divorce. Uncontested divorce. We agreed on who took what. When she came to get her things she left a lot of things behind but stated she would not be back that she got what she wanted and/or needed. I signed a waiver of service. She is now telling me that we will be going to court because she wants to be reimbursed for the things she left behind when she moved her stuff out and for things she had stored at my parents home for over 2 years. The waiting period was up 4 days ago but she has not filed the papers. I submitted an amended form for the waiver and I am also filing an answer to protect myself. I am being told I will not have to sign the decree. Am I being screwed? What happens if she did not file by the last day of the waiting period?

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  Author
  
  txdivorce
  October 27, 2017 at 4:31 pm
  
  The waiting period is designed to allow spouses to change their minds and remain married. The divorce decree cannot be signed during the waiting period. Now that the waiting period has expired, the court can entertain the request for divorce (and thus sign the decree). If you file an answer, the judge shouldn’t sign the decree until a trial or the parties present a agreed divorce decree.
  
  Reply
LISA
October 23, 2017 at 4:41 am

IF I BOUGHT A HOUSE, BUT HAD TO PUT HIM ON THE DEED DUE TO MARRIAGE, IS THERE ANY WAY HE CAN END UP WITH THE HOUSE?

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  Author
  
  txdivorce
  October 26, 2017 at 3:40 pm
  
  Yes. Community property (generally property acquired during the marriage is community property) is split in a divorce. If the spouses agree, you can make your own arrangements on the splitting of property. If spouses can’t agree, the court will decide if the house is community property and who should get it.
  
  Reply
Txwondering
October 22, 2017 at 11:43 pm

after 22yrs of marriage my husband wants me to sign a postnuptial on his overtime at work as well as signing over to him half my personal injury settlement. I work too but he make way more than me he is a GM employee for over 20 something yrs. I m more wondering about postnuptial.

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  Author
  
  txdivorce
  October 26, 2017 at 3:36 pm
  
  You need to speak with an attorney. Do NOT sign these a postnuptial agreement without receiving legal advice first.
  
  Reply
Anna
October 15, 2017 at 9:41 am

About 5 months ago my husband served me with divorce papers I haven’t responded to the papers, will they grant him the divorce? What happens now?

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1. Post
  Author
  
  txdivorce
  October 26, 2017 at 3:33 pm
  
  Yes, the court will likely grant the divorce as a result of your failure to file an answer. If not too late, you should consider filing a response.
  
  Reply
Heather
October 6, 2017 at 12:46 am

I have an uncontested divorce in texas. Ex moved so he signed a waiver. I forgot to make a copy to be stamped s o i know i need that for the judge. What I’m not sure of is something else. It said for me to bring in original petition plus three copies. Does that mean the one I filed? Do the copies have to be stamped?

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1. Post
  Author
  
  txdivorce
  October 26, 2017 at 3:32 pm
  
  You really need the original and two copies: The court will keep the original. One copy is for your records and the other is for your spouse’s records. The copies should be file-stamped by the clerk. With regard to the waiver, the original that was filed with the clerk should be in the judge’s file by the time you see him/her.
  
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Jerri
September 28, 2017 at 12:43 am

If I’ve already moved out of our home which is community property and taken property that I inherited and brought into the marriage and some fun it ur that we purchased together, before filing by Pitition for divorce. Do I have to return the personal property I took after the divorce is signed off by the judge??

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1. Post
  Author
  
  txdivorce
  October 26, 2017 at 3:23 pm
  
  Unfortunately, you’ll need to speak with an attorney to resolve this issue.
  
  Reply
Eva
September 27, 2017 at 11:50 am

My husband is avoiding receiving his papers after multiple attempts. My attorney states they will get a Petetion from the court to post it at the location he is at. Will i still have to wait the wait time of hearing a response for 20 days or whatever the amount is when he receives the papers? It will be 60 days of waiting for him to receive the papers on October 11, 2016. I wanted to ask my attorney this now but they charge with every email I send about the process and updates.

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1. Post
  Author
  
  txdivorce
  October 26, 2017 at 3:22 pm
  
  You can’t proceed until the 60 day waiting has expired AND, if applicable, the answer deadline (the Monday following the expiration for date of service) has come and gone.
  
  Reply
Yvonne
September 19, 2017 at 1:47 pm

If I am common law married and my ex doesn’t not want to consider it can I still file for a divorce? We have 2 children together and we separated while I was 8 months pregnant but he was back and forth. After a yr he had another child, so we both moved on and now he has two kids with the other women. Who keeps telling me he doesn’t need a divorce from me but I want to get married and yet everyone one else tells me otherwise.

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  Author
  
  txdivorce
  October 26, 2017 at 3:19 pm
  
  You should speak with an attorney. A divorce after a common law marriage is a viable option.
  
  Reply
Karina
September 13, 2017 at 9:56 am

I filed for divorce in Texas 4 months ago. Filed uncontested and we have 3 children. We don’t own anything together and agreed the children will stay with me and go with him every once in a while. My question is what do I do next? Am I supposed to go ask for a court date?

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1. Post
  Author
  
  txdivorce
  October 26, 2017 at 3:17 pm
  
  You’ll want to call the court and determine how your particular judge handles their uncontested docket (assuming your spouse has signed the proposed divorce decree).
  
  Reply
Ian
September 6, 2017 at 1:37 pm

I have an uncontested divorce and all the paperwork has already been submitted including the divorce decree. We’ve agreed on everything including debt and the house (property). The spouse has paid off the debt and I’m giving her the house. On the decree I just put that she gets the community property (house) and I have no ownership to it. I just want to make sure the judge will sign off on that.

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1. Post
  Author
  
  txdivorce
  September 7, 2017 at 6:18 pm
  
  Based on the info provided, I don’t see a reason the judge would not sign off on your agreed divorce decree. Please note that a deed will be required to actually transfer the house to your spouse. Sometimes the decree will even describe the logistics around the preparation, signing and recording of the deed.
  
  Reply
Carlton Glover
August 30, 2017 at 11:56 am

Can I sue my ex wife for not removing my name from the home I lost in the divorce . She paid it late until it sold recently which has had a negative impact on my credit

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1. Post
  Author
  
  txdivorce
  September 7, 2017 at 6:20 pm
  
  It depends. You should consult with an attorney (not necessarily a divorce attorney) to figure out what your best strategy would be.
  
  Reply
Shawn
August 29, 2017 at 2:35 pm

I filed a petition for an uncontested divorce but we have decided to reconcile. If I do not go to court to stop the petition, will I be okay If I simply do not show up to finalize the decree?

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1. Post
  Author
  
  txdivorce
  August 31, 2017 at 11:19 am
  
  You should dismiss the case by filing a motion to dismiss without prejudice. If you do not take action, the court will most likely dismiss on their own motion.
  
  Reply
Clk
August 16, 2017 at 3:32 pm

I filed for petition, He refused to sign waiver and respond. I went and paid so he can be served but kept avoiding constable now what is next. Can I still get divorce even if the constable failed to excute the citation?

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1. Post
  Author
  
  txdivorce
  August 25, 2017 at 2:59 pm
  
  You’ll need to prove to the court that your spouse received notice of the divorce. It’s not as easy as showing an email or text message, but rather you have to follow the notice statute. You should consult with a Texas attorney on how to give proper notice. It may likely entail the filing of a motion for alternative methods of service.
  
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Melanie
August 9, 2017 at 8:35 pm

I have 2 children with my husband. We married in 2003 I left him in May 2016. Told him in the letter I want a divorce. The kids and I have moved and are safe. Told him I’m willing to let him have the van, I keep the car. I have main custody of the kids and he has standard visitation. He said no. He filed for the divorce and had me served before I was able to at the end of Feb. It’s coming up to 6 months since he filed. He refuses to talk to me about it and his attorney will not communicate with mine. We have not had any kind of court date for anything even child custody. I’m lost and confused. What’s happening and how can I speed things up.

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1. Post
  Author
  
  txdivorce
  August 25, 2017 at 3:00 pm
  
  Ask your attorney to explain the pros and cons to filing a “counter-petition for divorce.”
  
  Reply
M
August 8, 2017 at 12:57 pm

If my spouse is in prison in TX and says he will sign whatever, is it still a better idea to have him officially served via a sheriff or warden? He may be released soon and I hoped to have this finalized before then, so want to clear any obstacles.

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1. Post
  Author
  
  txdivorce
  August 25, 2017 at 3:04 pm
  
  The warden will likely need to serve him.
  
  Reply
Pearl
August 7, 2017 at 12:46 am

I am in texas, and we divorced June 2017. The judge ruled that I am to revive child support “starting immediately”. However, my lawyer hasn’t drawn up the divorce decree yet. Do I receive back pay child support from June until now?

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1. Post
  Author
  
  txdivorce
  August 26, 2017 at 5:22 pm
  
  It depends on what the order says. It sounds like the judge wants the order to include the June date.
  
  Reply
Katrina
July 29, 2017 at 6:21 pm

Our 61 waiting period has passed, what do I do now?

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1. Post
  Author
  
  txdivorce
  August 25, 2017 at 3:19 pm
  
  If uncontested, you should be able to go to court and get the judge to sign the divorce decree.
  
  Reply
Willanette
July 28, 2017 at 8:02 am

If you file for divorce and pay the fee for the constable to serve papers, how long does it take for them to be served? This was done the first week of july and he still hasnt been served….do i just wait??

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1. Post
  Author
  
  txdivorce
  August 25, 2017 at 3:20 pm
  
  It can take some time. Just depends on the constable and your spouse. At some point the constable will give up and tell the court he/she could not locate the spouse.
  
  Reply
Leslke
July 5, 2017 at 7:01 pm

If the divorce is uncontested can only the petitioner show up for court during the final hearing(for judge to sign final decree) ? Or do both parties have to show up?

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1. Post
  Author
  
  txdivorce
  July 11, 2017 at 2:57 pm
  
  Typically, only the petitioner shows up at the prove up hearing, but both spouses can (or even just the respondent).
  
  Reply
T
July 4, 2017 at 2:29 am

What is the next step if she is avoiding being served texas divorce papers?

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1. Post
  Author
  
  txdivorce
  July 11, 2017 at 3:00 pm
  
  The easiest thing to do is hire a private process server to perfect service. If that doesn’t work, you can request alternate service methods (like sending via certified mail and leaving a copy with someone over the age of 16 at spouse’s residence). This is done with a motion for substitute service and corresponding order. This kind of request should be completed by an attorney.
  
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Lucyna
June 30, 2017 at 4:41 pm

And I did my own, CONTESTED divorce with the children and property 98% myself. I only hired the attorney for a flat fee of 500 to rewrite my final decree and take it to the judge to sign. I would do it myself too but I had 2 jobs then and did not have time. Time is money 🙂
Everyone in the courthouse was totally surprised that someone with no law degree went this far with a contested divorce 🙂

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1. Post
  Author
  
  txdivorce
  July 11, 2017 at 3:01 pm
  
  That is impressive! Good job, Lucyna!
  
  Reply
Brittany Phillips
June 29, 2017 at 10:18 pm

My husband filed a petition for divorce. I came home to have him hand me his divorce request. I have not been served. The courts said he has not filed for me to be served, just the petition. What happens if I do not file a response in 20 days?

How long will the request stay active before he has to refile and serve me properly?

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1. Post
  Author
  
  txdivorce
  July 11, 2017 at 3:06 pm
  
  You have until the Monday after the expiration of 20 days (from the date you are personally served) to file an answer. Failure to file an answer can result in a default judgment against you (your spouse will have to prove service of petition at the hearing on the motion for default default judgment). If you have not been served the judge should not grant the default judgement, but you never know what the judge will do. Each court has different rules on how long a case or request will stay active.
  
  Reply
  1. M
    March 26, 2018 at 6:05 am
    
    What’s the difference in being ‘served’ and having him give you a divorce petition request?
    
    Reply
    1. Post
      Author
      
      txdivorce
      March 29, 2018 at 2:46 pm
      
      “Served” is the legal term for formal delivery.
      
      Reply