The divorce process in Texas begins when one spouse, known as the Petitioner, files an Original Petition with the court requesting that their marriage to their spouse be dissolved.
In a divorce case, the Respondent is the spouse who did not file the initial divorce petition.
Here’s a breakdown:
🧑⚖️ Petitioner vs. Respondent
- Petitioner: The spouse who files the Original Petition for Divorce with the court.
- Respondent: The other spouse, who must be served with the divorce papers and has the right to respond.
📝 Responsibilities of the Respondent:
- Receive Legal Notice: They are formally served with the divorce petition.
- File an Answer: Typically, within 20 days + the following Monday from the date of service.
- If they don’t respond, the court may grant a default judgment in favor of the petitioner.
- Can File a Counterpetition: This allows the respondent to make their own claims (e.g., child custody, property division).
- Participate in the Case: Through negotiation, mediation, or trial.
⚠️ What If the Respondent Ignores the Case?
If the respondent doesn’t file an answer or appear in court, the petitioner can request a default divorce, where the judge may approve the petitioner’s terms without the respondent’s input.
✅ Steps to Take as the Respondent in a Texas Divorce
1. Review the Divorce Petition
- The Original Petition for Divorce outlines your spouse’s requests (e.g., child custody, property division)
- Look for the court deadline to respond (usually stated on the citation served with the petition).
2. File an “Answer”
- Deadline: You typically have 20 days + the next Monday at 10:00 a.m. to file your Answer with the court.
- Filing an answer prevents your spouse from getting a default judgment without your input.
➤ What the Answer Does:
- It tells the court you want to participate.
- You don’t need to agree or disagree with everything in the petition at this stage.
3. Consider Filing a “Counterpetition”
- You can file a Counterpetition for Divorce if you want to:
- Request different terms (e.g., child custody, property division)
- Ensure your side is formally heard
- This protects you if the petitioner drops the case — your counterpetition keeps it alive.
4. Exchange Information (Discovery Phase)
- If the divorce is contested, both sides may exchange financial documents, asset lists, etc.
- You may be asked to provide:
- Income info (pay stubs, tax returns)
- Property/assets details
- Debts or liabilities
5. Attend Hearings or Mediation
- Temporary Orders Hearing: If your spouse asks for things like custody or support while the divorce is pending.
- Mediation: Often required before trial. A neutral mediator helps both parties reach a settlement.
6. Negotiate or Go to Trial
- If you and your spouse agree on all issues, you can submit an Agreed Final Decree of Divorce.
- If not, the court will set a trial, and a judge will decide.
🛡️ Your Rights as a Respondent
- You have equal rights to seek:
- Custody or visitation (conservatorship)
- Fair division of marital property
- Spousal support (if applicable)
- You do not lose rights just because you didn’t file first.
⚠️ What to Avoid
- Ignoring the petition — this can result in a default divorce.
- Missing deadlines — even a late response can cause legal issues.
- Hiding assets or failing to disclose financial info — courts can penalize this.
🔷 Common Myths
| Myth | Reality |
| “The person who files first has an advantage” | Not necessarily. Courts focus on fairness, not who files first. |
| “If I ignore it, it’ll go away” | No — the court may issue a default judgment. |
| “Respondents can’t ask for things” | Respondents can ask for anything the petitioner can — custody, support, property, etc. |
