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Serving divorce papers in Texas

Service of divorce papers in Texas, from official sources: who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

Checked against official sources: Oct 24, 2026

The short answer

If you were served: Time to respond: By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b)) If you are filing: Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

Accept or waive service
Possible: your spouse signs a form
Law
Supreme Court of Texas Divorce Set 1 instructions; Tex. R. Civ. P. 99, 106

Were you served in Texas?

Enter the day you got the papers (the citation and the petition). We show the deadline to answer.

The day the papers were handed to you or you signed for them.

Enter the date you were servedYour deadline appears when you enter the date.

How papers are served in Texas

  • Your spouse can sign a Waiver of Service (must be signed after the petition is filed).
  • Otherwise a sheriff, constable or certified process server serves the citation and petition; publication is possible if you can't find your spouse.

Law: Supreme Court of Texas Divorce Set 1 instructions; Tex. R. Civ. P. 99, 106

Deadline to respond and default

By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b))

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in Texas, step by step

  1. File your papers first

    File with the District Court (or a county court at law with family jurisdiction) in the county where you or your spouse has lived 90 days. Service comes after filing.

  2. Serve the papers

    Otherwise a sheriff, constable or certified process server serves the citation and petition; publication is possible if you can't find your spouse.

  3. Or have your spouse sign

    Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b))

  6. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in Texas

How do you serve divorce papers in Texas?

Your spouse can sign a Waiver of Service (must be signed after the petition is filed). Otherwise a sheriff, constable or certified process server serves the citation and petition; publication is possible if you can't find your spouse.

Can my spouse accept or waive service in Texas?

Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

How long does my spouse have to respond in Texas?

By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b))

More about divorce in Texas

Serving papers in nearby states

Sources

Last checked: Oct 24, 2026.