How to Serve the Initial Texas Divorce Papers
Bryan Fagan
Dedicated Attorney Specializing in Family Law | Advocating for Your Legal Needs at the Law Office of Bryan Fagan
Picture this: Your friend Alex finally decided to file for divorce. After months of emotional turmoil, they bravely filled out all the paperwork, thinking the hardest part was over. But just when they thought they were in the clear, Alex hit an unexpected roadblock — figuring out how to serve the initial Texas divorce papers.
“I mean... do I just hand them over like I’m delivering a pizza?” Alex joked. Unfortunately, the answer isn’t quite that simple.
Short answer: In Texas, you can serve divorce papers through personal service, certified mail, or service by publication if your spouse is nowhere to be found.
But here's the tricky part: If you get this step wrong, your divorce could stall, the court may toss out your case, or worse — your spouse could argue they never received the papers at all.
Don’t worry — this guide will walk you through everything you need to know about how to serve the initial Texas divorce papers. From simple service methods to handling spouses who seem to have vanished off the grid, we’ve got you covered. Whether your divorce is peaceful or messy, these tips will ensure you get it right the first time. Keep reading — your future self will thank you.
Key Takeaways
Understanding the Divorce Petition
The divorce process in Texas begins with filing the Original Petition for Divorce. This document serves as the foundation of your divorce case and outlines key details the court must consider.
The Original Petition for Divorce must include:
Under Texas Family Code § 6.301, before filing your petition, at least one spouse must have been a Texas resident for at least six months. Additionally, you must file in the county where either spouse has resided for at least 90 days.
Filing the Divorce Petition in Texas
Once the Original Petition for Divorce is complete, you must file it with the district court in the county where you or your spouse resides. Filing your petition is the first formal step in the Texas divorce process, and proper filing ensures your case is recognized by the court.
At the time of filing, you will be required to pay a court filing fee. This fee varies by county but typically ranges between $250 and $350. If you are facing financial hardship, you may request a waiver by filing an Affidavit of Inability to Pay Court Costs. This document asks the court to waive the filing fee based on your financial situation.
After filing, the court will assign your case a cause number, which is essential for tracking your case throughout the legal process.
Methods for Serving Divorce Papers
Under Texas Family Code § 6.403, Texas law outlines several acceptable methods for serving divorce papers. Choosing the right method depends on your spouse’s location, level of cooperation, and other circumstances. Each method has specific rules and proof of service requirements.
Personal Service
Personal service is the most common and reliable method of serving divorce papers in Texas. This method requires a neutral third party — such as a sheriff, constable, or certified process server — to hand-deliver the divorce papers to your spouse.
Personal service is effective because it provides immediate confirmation that your spouse has received the documents. The process server will complete a Return of Service form, which is filed with the court as proof that service has been completed correctly.
However, if your spouse actively avoids contact with the process server, this method may become challenging. In such cases, alternative methods may be required.
Certified Mail
Certified mail with a return receipt requested is another method recognized by Texas courts. This method involves sending the divorce papers via certified mail to your spouse’s last known address.
The recipient must sign the return receipt, which serves as proof of delivery. While this method can be less expensive than personal service, it requires the recipient’s cooperation. If your spouse refuses to sign for the letter or disputes receiving it, certified mail may not be the best option.
Service by Publication
If your spouse’s whereabouts are unknown after diligent efforts to locate them, you may request service by publication under Texas Family Code § 6.409. This method involves publishing notice of the divorce in a local newspaper.
Service by publication is generally seen as a last resort because the court requires you to demonstrate that you’ve made reasonable attempts to locate your spouse. Documentation of attempted visits, phone calls, and other efforts is typically required to prove your diligence.
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What to Do If Your Spouse Avoids Service
If your spouse actively avoids being served, you can request substitute service through the court. This method is outlined in Texas Family Code § 6.409 and allows service through alternative means when traditional methods fail.
Alternative options may include:
To pursue substitute service, you must show the court that you made diligent efforts to locate and serve your spouse.
Proof of Service Requirements in Texas
After serving divorce papers, the server must complete a Return of Service form, which details the date, time, and method of service. This form is filed with the court as evidence that proper notice was given.
If you use certified mail, the signed return receipt acts as proof of service. For service by publication, courts may require additional evidence that you made reasonable attempts to locate your spouse.
Timeline for Responding After Service
Once your spouse is served, they have until 10:00 a.m. on the Monday following 20 days after the service date to file an Answer in court, as required by Texas Family Code § 6.403.
If your spouse fails to respond, the petitioner can request a default judgment under Texas Family Code § 6.701, allowing the divorce to proceed without the respondent’s participation.
Real-Life Challenges and Solutions
Spouse Avoiding Service
In one case, a Texas resident’s spouse frequently moved to avoid service. After multiple failed attempts, the court approved substitute service, allowing the petitioner to post the papers at the respondent’s last known address.
Certified Mail Refusal
Another client’s spouse repeatedly refused to sign for certified mail. The court ultimately approved service by publication after sufficient efforts to contact the spouse were documented.
Conclusion:
Serving divorce papers may not be the most glamorous part of ending a marriage, but it’s one of the most important steps. Whether your spouse accepted the papers without issue or you had to jump through hoops to track them down, completing this step correctly ensures your case can move forward.
Texas law is clear — proper service is mandatory, and mistakes can lead to delays or even case dismissal. By understanding how to serve the initial Texas divorce papers and following the right legal steps, you’re protecting your rights and ensuring your divorce starts on solid ground.
If you’re feeling overwhelmed or unsure about the next steps, know that the Law Office of Bryan Fagan PLLC is here to help. With experience handling even the trickiest service situations, our team can provide the guidance and support you need to navigate this critical stage with confidence.
Frequently Asked Questions
Can I serve my spouse myself in Texas?
No, Texas law prohibits petitioners from personally serving their spouse. An impartial third party must complete the task.
What happens if my spouse refuses to be served?
If your spouse refuses service, you may request substitute service or service by publication. The court will determine if your efforts meet the legal standard for sufficient notice.
Is verbal notice of divorce valid in Texas?
No, verbal notice alone does not satisfy Texas Family Code requirements for proper service. Written notice through approved methods is mandatory.