Texas · Serving papers · Updated Oct 2026

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.

The short answer

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

Accept or waive service
Yes
Law
Supreme Court of Texas Divorce Set 1 instructions; Tex. R. Civ. P. 99, 106

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.