Skip to content 
Filing a Petition for Divorce might seem like the official start of the process, but that step alone doesn’t kick things into motion. Courts won’t move forward until your spouse knows what’s happening. Serving your spouse with legal notice is what actually triggers the divorce case. Without proper notice, everything else stays on hold. Some people hope to skip this part, thinking they can file and move on quietly, but Texas law doesn’t work that way. If you’re considering divorce, it’s important to understand how service of process works and why it matters more than just filing papers.
When Does a Divorce Case Officially Begin?
Many people assume that a divorce starts once they hire a lawyer or file the first court document. That’s not how it works. While those steps matter, the legal process truly begins when one spouse formally notifies the other about the divorce filing. This step is called service of process. Without it, the court will not proceed.
Filing the paperwork is only the start. The real legal action kicks off once your spouse receives notice that a divorce petition has been filed. Texas law requires this notice, and without it, the case stalls.
Can You File Without Telling Your Spouse?
Some people hope to avoid the awkwardness of telling their spouse. They ask if it’s possible to get divorced without the other person finding out. This often comes from fear, stress, or situations involving domestic violence. Others ask this because they’ve lost contact with their spouse and want to move forward anyway.
Still, no matter the reason, the answer remains the same. Texas law does not allow you to secretly divorce your spouse. The law gives both sides the right to be informed about a pending lawsuit. Divorce is a lawsuit, so it follows that same rule.
A judge cannot legally issue divorce orders until your spouse receives the required legal notice or unless a legal exception applies.
Why Proper Notice Matters
Service of process protects the right to due process. It gives your spouse a chance to respond, agree, disagree, or contest the terms in court. That applies to property division, spousal support, child custody, and everything else in your divorce.
Without this step, the court lacks authority to issue any enforceable ruling. You can’t just file and expect things to move forward. The law requires notification. That’s how the court knows the case is real and fair.
Who Can Deliver Divorce Papers?
You can’t deliver the divorce paperwork yourself. Even if you feel comfortable handing it over, the law won’t count that as valid service. Courts only recognize specific methods of delivering official documents.
The state allows you to hire one of the following:
- A private process server
- A constable
- A sheriff
They pick up the documents from the courthouse, locate your spouse, and serve the paperwork. After doing so, they report the date, time, and location of the service back to the court.
This report is known as a Return of Service. It becomes part of your case file and serves as proof that your spouse received the documents. That return plays a key role in keeping your divorce timeline on track.
What Documents Must Be Served?
Your spouse must receive certain documents when the divorce begins. These papers explain the nature of the lawsuit and outline what steps they must take.
Citation
The citation is a document prepared by the court clerk. It tells your spouse how long they have to respond. In Texas, your spouse must file an answer by the first Monday after 20 days have passed since they received the papers. If they fail to respond, you can request a default judgment after 60 days.
Original Petition for Divorce
This document lists the names of both spouses and any children. It also states the grounds for divorce, such as insupportability, cruelty, or adultery. Any additional requests like spousal support, custody, or reimbursement claims should appear in this document.
Temporary Orders or Hearing Requests
If you need temporary support, child custody arrangements, or possession of property while the case is ongoing, you’ll also include requests for temporary orders. These remain in effect until the final divorce decree is signed.
Are There Any Exceptions to the Notice Rule?
Yes, Texas law allows for a few limited exceptions. However, these still require formal steps and court approval.
Waiver of Service
Your spouse can choose to waive their right to be served. They must sign a Waiver of Service and file it with the court. This tells the court they know about the case and don’t require formal service. It does not mean they give up all future notifications or court rights.
A waiver typically applies when both sides already agree on major issues and plan to file an uncontested divorce. In this situation, the waiver speeds up the process. Both parties can work together to prepare a Final Decree of Divorce and wait out the 60-day mandatory waiting period.
Voluntary Answer Without Service
If your spouse finds out about the divorce and decides to file a formal response (called an Answer) before being served, the court sees that as valid notice. It doesn’t matter who gave them the paperwork. The court only needs proof that they responded in writing.
In either case, if your spouse takes active steps in the case before getting served, then formal service becomes unnecessary.
What Happens When a Spouse Avoids Service?
Sometimes a spouse hides or avoids being served. If this happens, you can’t give up. Texas law gives you backup options, but only after you’ve made a real effort.
You must show that you tried multiple times to serve them personally. If that fails, your lawyer can ask the court for permission to serve through alternative methods. These might include leaving the papers with someone else at their home or sending them through certified mail. In rare cases, the court may allow service through social media, email, or even newspaper publication.
Each method requires proof that you tried in good faith to serve your spouse in person first. Without that, the court won’t approve alternate service methods.
Who Tracks the Service Details?
Once the process server completes the job, they must fill out a Return of Service and file it with the court. This form confirms the date, time, and manner of service. It becomes part of your court file and helps keep the timeline of your case legally valid.
Without this filed return, your case can’t proceed. The judge needs confirmation that your spouse knows the case exists.
How Does Service Affect the Timeline?
Texas law enforces a 60-day waiting period in most divorce cases. That clock starts when the Petition for Divorce is filed, not when the other party is served. So even if your spouse delays the process, the countdown still moves forward.
If your spouse doesn’t file an answer within the deadline, and you completed valid service, the judge can grant a default judgment. That means your requests can be approved without their input. Still, you must follow all the rules to reach that point legally.
Final Thoughts
Filing for divorce is just one part of the legal process. Letting your spouse know is what makes it official. Texas law takes this step seriously. Skipping it or trying to go around it can delay or derail your case.
Work with a qualified professional who knows how to serve divorce papers properly. Every case is different. Some spouses cooperate. Others disappear. The law gives you options either way, but you must start with the basics—proper notice.
If you have questions about your divorce, your rights, or your next steps, reach out to the Law Office of Bryan Fagan, PLLC. Our team meets with clients six days a week. We offer free consultations and welcome the chance to listen, advise, and help you move forward with confidence.
Other Articles you may be interested in:
- Serving a Petition for Divorce and Responding to a Petition for Divorce
- Where do you go and what do you do in order to file a petition for divorce in Texas?
- What can a court do in response to a petition to lift a geographic restriction in Texas?
- Amending a Petition in a Texas family law case
- What is a counterpetition in the context of a Texas family law case?
- What is an Original Petition for Divorce?
- What is Respondent’s Original Answer in a Texas divorce?
- Tips for answering questions in a Texas family law deposition
- Car questions regarding your Texas divorce? Ride over here for some answers
- Answering questions in a deposition? Here are some hints to help you testify well
- Custodial and Noncustodial Parents: Answers to frequently asked questions
- Answering common child custody questions for Texas parents
- How to Draft and File an Answer to a Texas Divorce – Free Downloadable Forms
- Waivers – To sign or not to sign? The answer is don’t do it!
