Being handed divorce papers is a shock, even when you saw it coming. You may feel angry, scared or numb. All of that is normal. What matters most in the first few days is that you don't ignore the papers and don't make a quick move that hurts you later.
Here's what the papers mean, what deadlines you face and what to do (and not do) if you've been served in Seguin, Guadalupe County or anywhere in Texas.
What's in the stack of papers?
When you're served, you usually receive several documents. Read each one carefully.
- The citation. This is the official notice from the court. It tells you a lawsuit has been filed against you and explains your deadline to respond.
- The Original Petition for Divorce. This is your spouse's lawsuit. It lists the grounds for divorce and what your spouse is asking for, such as property, custody, child support or spousal maintenance.
- A standing order or temporary restraining order (TRO), if any. Many Texas counties have standing orders that automatically apply to every divorce. Your spouse may also have asked a judge for a TRO.
- A notice of hearing, if any. If your spouse has asked for temporary orders, there may already be a hearing date. Do not miss it.
Your deadline to answer
In Texas, your written answer is generally due by 10:00 a.m. on the Monday after 20 days have passed since you were served. Count 20 days from the day you were served. If the 20th day isn't a Monday, the deadline is the following Monday at 10:00 a.m. (If that Monday is a legal holiday, the deadline moves to the next business day.)
The answer is filed with the district clerk in the county where the divorce was filed, and a copy goes to your spouse or your spouse's attorney. Answers are usually filed electronically.
If you don't file an answer on time, your spouse can ask the court to grant the divorce without you. This is called a default judgment. Learn more in our article on default divorce in Texas.
A basic answer, often called a general denial, preserves your right to be notified of hearings and to take part in the case. It doesn't mean you're fighting about everything. You can file an answer and still negotiate an agreed settlement.
Read and follow any standing order or TRO
Standing orders and TROs are court orders. They bind you as soon as you know about them, whether or not you agree with them. They commonly prohibit both spouses from:
- Hiding, destroying or transferring property, except for ordinary living expenses and normal business expenses.
- Withdrawing large amounts from bank or retirement accounts.
- Cancelling or changing insurance policies or beneficiaries.
- Turning off utilities or closing shared accounts.
- Harassing or threatening the other spouse, or posting about the case in certain ways.
- Removing the children from the state or disrupting their routine.
- Deleting texts, emails, social media posts or other records.
Not every county uses a standing order, and the exact terms differ. If one came with your papers, read every line. Violating it can lead to contempt of court and can damage your credibility with the judge.
Don't move money or property
The urge to protect yourself by emptying an account or moving belongings is strong. Resist it. In Texas, property acquired during the marriage is presumed to be community property. If you drain a joint account or transfer assets, the court can count that money against your share, order you to pay it back or find you in contempt if an order was in place.
What you can usually do:
- Keep paying normal household bills and living expenses.
- Keep records of what you spend and why.
- Gather copies of financial documents: tax returns, pay stubs, bank and retirement statements, mortgage and loan statements.
- Open your own account for your paycheck going forward, if no order forbids it, and document the change.
If you're unsure whether a transaction is allowed, ask a lawyer before you do it.
Consider a counter-petition
An answer responds to your spouse's petition. A counter-petition lets you ask for things on your own. You might file one to:
- Ask for a particular custody arrangement or to be named the parent with the right to designate the children's primary residence.
- Request a disproportionate share of the community estate based on fault or other factors.
- Claim certain property as your separate property.
- Seek spousal maintenance or ask for reimbursement claims.
- Keep the case going if your spouse later drops their petition.
A counter-petition is often filed with or shortly after the answer. Our article on how filing first can affect a Texas divorce explains why having your own claims on file can matter.
If there's a temporary orders hearing
If your papers include a hearing date, take it seriously. At a temporary orders hearing, the judge can decide who stays in the house, who has the children during the case, temporary child support and who pays which bills. Those temporary orders often shape the rest of the case. Read more in temporary orders in a Texas divorce.
Practical do's and don'ts
| Do | Don't |
|---|---|
| Calendar your answer deadline right away | Assume you can wait until a hearing to respond |
| Read any standing order or TRO | Empty accounts or hide property |
| Keep the children's routine stable | Talk to the children about the case |
| Communicate with your spouse in writing, calmly | Post about the divorce on social media |
| Gather financial records | Sign anything from your spouse without reading it and getting advice |
About that last point: your spouse may hand you a waiver of service or an agreed decree to sign. Those documents can be perfectly appropriate in an agreed case, but you should understand exactly what you're signing. Once a decree is signed by the judge, it can be very hard to undo.
If the papers say there's family violence
Sometimes divorce papers come with a protective order application or an order keeping one spouse away from the home. Follow it exactly, even if you believe it's unfair, and raise your side at the hearing. If you are the one who feels unsafe, see our page on protective orders in Guadalupe County.
Getting help
Attorney Jesus R. Lopez has more than 20 years of experience in Texas family law and represents people throughout Guadalupe County, including Seguin, Schertz and Cibolo. He offers a free consultation by phone or in person, in English or Spanish, and flat fees with payment plans. If you've just been served, call {{phone}} so you know where you stand before your deadline.
Frequently asked questions
How long do I have to respond to divorce papers in Texas?
Generally, your answer is due by 10:00 a.m. on the Monday after 20 days have passed from the date you were served. If that Monday is a legal holiday, it moves to the next business day.
What happens if I don't respond?
Your spouse can ask the court for a default divorce. The judge can then grant the divorce and decide property and custody issues based on your spouse's evidence, without hearing from you.
Does filing an answer mean I'm contesting the divorce?
No. An answer protects your right to notice and to take part. Many people file an answer and then reach a full agreement.
Can I still use our joint bank account?
Usually for ordinary living expenses, yes, unless a court order says otherwise. Don't make large withdrawals or transfers, and keep records of what you spend.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.