In Texas, can the respondent file his ANSWER to Divorce immediately after I file the petition? Or does he have to wait?

Asked over 2 years ago - Irving, TX

Given I provide him a filed copy of the petition of course...

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . The respondent can file an answer as fast as they want, the slow part is the problem, if someone fails to answer then they may be defaulted. Take care and hope that things get better.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Wendy Anne Wood


    Contributor Level 8


    Lawyer agrees


    Answered . The issue becomes when was the Respondent served with the divorce Petition. The deadline for the Respondent to file his Answer triggers from that day. Once the Respondent is served and not counting the day he was served, he has 20 days plus a Monday by 10:00 a.m. on that Monday to file his Answer. I would never advise a Respondent to wait until that last possible day and time. The old saying "better to be safe than sorry" definitely applies here.

    Legal disclaimer: Ms. Wood’s response to the question above is not legal advice and it does not create an... more
  3. Paula Brown Sinclair

    Contributor Level 20

    Answered . The advice so far is correct, but your initial comments to the answer of your first-responder, Mr. Lewis, causes me to suspect strongly that you are not up to self-representation. Important rights are at stake. You would be best served by at least consulting with an experienced local family law practitioner. That attorney can be specific regarding required forms and may become essential if your husband contests any part of your petition.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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