Who is the Respondent in a Divorce?

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:

1. Receive Legal Notice: They are formally served with the divorce petition.
2. 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.
3. Can File a Counterpetition: This allows the respondent to make their own claims (e.g., child custody, property division).
4. 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