Being served is jarring, and the deadline is shorter than most people expect. Filing an answer keeps you in the case, protects you from a default judgment, and entitles you to notice of every hearing that follows.
The Deadline
In Texas, your answer is due by 10:00 a.m. on the Monday following the expiration of 20 days after you were served. That is a rule of civil procedure rather than the Family Code, and it is unforgiving. If the deadline is close, an answer can be as simple as a general denial filed to preserve your position while you retain counsel.
Answer, General Denial, and Verification
Section 6.403 provides that a respondent in a divorce is not required to answer on oath or affirmation, and § 6.701 provides that the petition may not be taken as confessed if no answer is filed. A general denial puts the allegations in issue. Certain defenses and claims, however, must be pleaded specifically, so a bare denial is rarely the end of the drafting.
Why You Usually Want a Counterpetition
An answer defends. A counterpetition affirmatively asks the court for relief — your own grounds, a disproportionate share of the estate, reimbursement claims, spousal maintenance, a name change. It also protects you if the other side dismisses their case: without a counterpetition on file, a nonsuit can wipe out the entire proceeding and you start over.
If You Missed the Deadline
All is not lost. An answer filed late but before a default judgment is taken usually stops a default. If a default decree has already been signed, a motion for new trial within 30 days, or in some circumstances a bill of review later, may be available. Move quickly — see appeals and motions for new trial.
Waiver of Service
In agreed cases, a respondent can sign a waiver of service instead of being formally served. Section 6.4035 sets the rules: the waiver is filed with the clerk, must acknowledge receipt of a copy of the filed petition, must contain the signer’s mailing address, must be sworn before a notary who is not an attorney in the suit, and may not be signed with a digitized signature. Read it carefully. Some waivers only waive the citation; others waive notice of future hearings entirely, which means a decree can be entered without you seeing it first. If you do waive service, § 6.710 requires the clerk to mail you notice once the final decree is signed. Never sign a waiver you do not fully understand, and never sign one that is blank.
What Filing an Answer Does Not Do
Filing an answer does not admit anything, does not agree to the divorce, and does not concede the property division. It simply ensures the case is decided with you in the room.
Frequently Asked Questions
How long do I have to answer divorce papers in Texas?
By 10:00 a.m. on the Monday following the expiration of 20 days after the date you were served.
What happens if I ignore the petition?
The other spouse can seek a default judgment and obtain a decree without your input, including on property. Filing an answer prevents that.
Should I file a counterpetition?
Usually. It lets you ask the court for your own relief and keeps the case alive even if the other spouse decides to dismiss.
Texas Statutes Referenced
- § 6.403 — Answer
- § 6.4035 — Waiver of Service
- § 6.402 — Pleadings
- § 6.701 — Failure to Answer
- § 6.710 — Notice of Final Decree
- Chapter 6, Subchapter E — Filing Suit
Related Pages
- Texas Divorce (main page)
- Service of Process
- Filing the Original Petition
- Appeals and Motions for New Trial
Talk With a Texas Divorce Attorney
Served with papers? The deadline is short. Call before it passes. Call 713-955-6182 or contact The De Leon Law Firm.