If your spouse files for divorce in Texas, it is important to know when to respond to that petition. There are some rather unique rules under Texas law.
What the law states is that you have until the Monday after 20 days have elapsed. In other states, respondents will often be given a very specific deadline, like 20 or 30 days exactly. But the way that Texas has set this up is different. Respondents can actually have a slightly different amount of time, simply depending on when they receive the divorce paperwork.
To determine how long you have, just get a calendar out after you receive the divorce petition. Count off the next 20 days. You are guaranteed at least that much time. But you can then move forward to the following Monday. If 20 days puts you on a Thursday, for example, you still have a few more days to respond even beyond this deadline. Your response would be due the Monday at the beginning of the following week.
What if 20 days lands on a Monday?
It may be that you count off 20 days and get exactly to a Monday. In that case, you actually get another week, until the following Monday. This would give you the longest possible response time of 27 days.
What if you miss the deadline?
If you do miss the deadline, it does not prevent the divorce. The court still has the option to issue a default divorce judgment. Your spouse does need to wait for that entire amount of time to elapse before they can move forward, but they can then proceed with the divorce, even without your involvement.
For this reason, it is very important to carefully consider the timeline and make sure that you hit all deadlines while going through the divorce process. If there is any confusion, it can be helpful to work with an experienced family law attorney.
