You were served.
You have until a
specific Monday.
The clock is the first thing to understand.
You still get to choose your response.
Missing the deadline can.
You need someone who reads the order.
"Most people who call about being served are doing it from a parking lot.
That is the right call. Read the papers, then read this."
The deadline that
actually matters.
If you were just served, put down everything else and find one date: the day you were handed (or formally given) the papers. In Texas, that date starts a clock, and the clock is the first thing to understand.
A respondent generally must file a written answer by 10:00 a.m. on the Monday following 20 days after the date of service (Texas Rule of Civil Procedure 99). Count 20 days forward from the service date, then go to the next Monday after that. That Monday, at 10:00 a.m., is your deadline. It does not move because you are busy, upset, or still deciding what you want.
You do not have to resolve the divorce in that window. You have to make sure an answer is on file, so the case cannot move forward without you. That is the whole job of the deadline.
What the standing order
restricts on day one.
The papers may include an automatic standing order (common in Travis, Williamson, and Hays Counties) and sometimes a temporary restraining order. Both sound alarming. Both are usually routine, and both apply mutually — to your spouse exactly as much as to you.
What they typically restrict, starting the moment the case is filed:
- Moving or hiding money. No draining accounts, no large transfers, no moving assets “for safekeeping.” The community-property presumption (Texas Family Code § 3.003) sweeps that back in anyway.
- Canceling insurance or changing beneficiaries. Health, auto, life — leave them as they are.
- Disrupting the children. No removing them from the area, no pulling them out of school, no cutting off the other parent.
- Harassment. No threatening, no destructive contact.
None of this is a finding that you did something wrong. It is the structure the case sits inside. Read exactly what your order says, and follow it to the letter — violating a standing order is one of the few ways to actually damage your own position.
Being served does not
decide anything.
It feels like a verdict. It is not. It is the opening move in a process, and the process gives you equal footing.
- Who filed first does not matter. The petitioner and the respondent stand equal on property, custody, and support. Filing first is a scheduling fact, not an advantage.
- The petition is a request, not a ruling. What your spouse asked for is what they want, not what the court has granted.
- Texas is no-fault. A marriage can end on “insupportability” (Texas Family Code § 6.001) — being the respondent does not make you the one “at fault.”
- The 60-day clock still applies. No Texas divorce closes in fewer than 60 days from filing (§ 6.702). Even on a deadline this week, the case itself is not measured in days.
What not to do
this week.
The instinct after being served is to act. Most of the high-cost mistakes happen in the first few days.
- Don’t ignore it. The deadline is real and a default is the worst outcome on the table.
- Don’t violate the order. Re-read what you were served before you move any money, change any account, or change the kids’ routine.
- Don’t sign anything you don’t understand. A waiver, an agreed order, a “just sign here so this is easier” — not until someone who represents you has read it.
- Don’t post about it. Texas family courts and opposing counsel read social media. Venting reads as evidence.
- Don’t hire the loudest lawyer in the room. If there are kids, you will co-parent with this person for years. You do not need a bulldog. You need someone who reads the order and responds correctly.
What to bring to the
first conversation.
You do not need to prepare a case. You need to bring three things so the hour is useful from the first minute.
- The papers. All of them, including the envelope or the return of service if you have it — the service date lives there.
- Any hearing date. If the papers set a date for temporary orders, that date often matters more than the answer deadline. Flag it.
- The shape of your situation. Married how long, kids how old, what each of you does, what the big assets are. Contours, not line items.
Everything else can wait. The first job is the deadline and the order.
How fast you actually
need a lawyer.
Before the Monday — and sooner if there is a hearing date.
The honest version: a written answer is quick to file once you engage counsel, so the goal of the first conversation is to get the deadline covered and understand what the order requires of you right now. Everything after that — temporary orders, the parenting schedule, the property picture — unfolds at a pace you help set.
An initial consultation is an hour with Cristi at $250, the first hour prepaid. Bring the papers and the service date. You will leave knowing your real deadline, what the order does and does not restrict, what your options are, and a straight recommendation about what to do next. It is actual legal advice from a board-certified attorney, not a sales pitch.
Honest answers
to fair questions.
"I was just served. What is the very first thing I need to know?"
The deadline. In Texas, a respondent generally must file a written answer by 10:00 a.m. on the Monday following 20 days after the date you were served (Texas Rule of Civil Procedure 99). Find the service date, count forward, and treat that Monday as fixed.
"What happens if I just ignore it?"
If no answer is on file by the deadline, your spouse can ask the court to proceed by default — meaning the case can move forward, and orders can be entered, without your side ever being heard. Ignoring service is the one response with no upside.
"Do I have to file something myself, or does a lawyer do it?"
A lawyer files the answer for you, and a basic answer is quick to file once you engage one. The point of the deadline is not that you must solve everything in 20 days — it is that something has to be on file so the case cannot proceed without you.
"There is a restraining order in the papers. Am I in trouble?"
Usually not in the way it feels. Many Texas counties attach an automatic standing order, and some cases include a temporary restraining order — both are routine and mutual. They restrict moving money, canceling insurance, and disrupting the kids. They are not a finding that you did anything wrong. Read exactly what yours says and follow it.
"My spouse filed first. Does that put me at a disadvantage?"
No. Who files first does not decide property division, custody, or support in Texas. The petitioner and the respondent are on equal legal footing. What matters is responding correctly and on time, not who got to the courthouse first.
"How fast do I actually need to talk to someone?"
Before that Monday — and sooner if the papers set a hearing date for temporary orders, which can fall within about two weeks. Bring the papers to the first conversation; the service date and any hearing date drive everything else.
Bring us
the papers.
An hour with Cristi — $250, the first hour prepaid. Bring what you were served. You will leave knowing your real deadline, what the order does and does not restrict, what your options are, and a straight recommendation. Not a sales pitch — actual legal advice from a board-certified attorney.