2. Serving the other party

1. Agreed case: give the respondent a file-stamped petition and a Waiver of Service or an Answer form. By statute, the waiver must be signed after the suit is filed, must include the signer's mailing address, and must be sworn before a notary who is not an attorney in the case. The notary requirement does not apply if the signer is incarcerated, and the signer may use a digitized signature (Tex. Fam. Code § 6.4035). TexasLawHelp's safe practice is to sign at least one day after filing.
2. Otherwise: ask the clerk to issue citation. Have a sheriff, constable, or certified process server serve the citation, petition, and standing order (Tex. R. Civ. P. 99, 103, 106). You cannot serve them yourself.
3. Make sure the return of service is filed. It must be on file 10 days before a default judgment, not counting the day of filing or the day of judgment (Tex. R. Civ. P. 107(h)).
4. The answer is due by 10:00 a.m. on the Monday after 20 days from service (Tex. R. Civ. P. 99(b)). Use the calculator.
5. If you can't find the other party, alternative service or publication requires a motion and court approval (Tex. R. Civ. P. 106, 109). See TexasLawHelp.org.

Served with papers? Read everything, including the standing order, any TRO, and hearing dates. Calendar your answer deadline. File an answer even if you hope to settle. Guide: My spouse filed for divorce · How to file an answer.