Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

How many days do I have to serve my husband our divorce

Customer Question
How many days do...

How many days do I have to serve my husband our divorce papers

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes I filed in january my 61 cool off period ends on the 19th of this month which is next week

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I got all my paper work done on Divorce writers.com and I'm just lost on what I have to do next

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
3/13/2018
Lawyer: Michael Bradley, Lawyer replied 4 months ago
Michael Bradley
Category: Legal
Satisfied Customers: 1,500
Experience: Owner at The Protection Group LLC
Verified

has he been served with anything yet?

Ask Your Own Legal Question
Customer reply replied 4 months ago
no.
Customer reply replied 4 months ago
Will my divorce be finalized if I serve him the papers a week before my court date ?
Lawyer: Michael Bradley, Lawyer replied 4 months ago

The Petitioner (the person initiating the divorce) must give legal notice to the Respondent (spouse). This means that one of the file-stamped copies of the petition for divorce must be delivered to your spouse. There are a couple of methods of proving to the judge that you provided notice to your spouse:

Official Service in Person

You can hire an official process server or constable to give legal notice to the Respondent (your spouse) in person. After your spouse has been served you will receive a Return of Service from the process server/constable that is filed with the clerk to prove that your spouse received a copy of the Petition.

Waiver of Service

  • If the Respondent doesn't want to have a process server or constable serve/deliver the Petition for Divorce, the Respondent can simply sign a waiver of service in front of a notary. This will let the court know that they received a copy of the Petition for Divorce and thus have been informed of the divorce.
  • Avoid giving your spouse the Waiver of Service until you have filed your Original Petition for Divorce with the court.
  • If the Respondent doesn't want to waive their right to contest the divorce, they can file a Response (aka Answer or General Denial) instead.

Response/Answer

  • The filing of an Answer by the Respondent lets the court know that the Respondent has received notice of the divorce and is actively participating in the case and may contest the terms of the divorce.
  • The Answer alone doesn't assert any claims against the Petitioner. To make claims against the Petitioner, the Respondent has to file a Counter Petition for Divorce.
  • The spouse that files the Answer does not have to go to court and it does not necessarily mean that the case is contested.

Important Reminders

  • This Return of Service form must be filed with the district clerk to show the Court that your spouse has received legal notice of the divorce case.
  • If the Respondent fails to file an Answer by the Monday following the 20th day after receipt of legal notice, the Petitioner can request a default judgment and the Court can award a divorce to the Petitioner without the Respondent signing off.
  • Your divorce can only be finalized after 60 days from the day you filed the petition for divorce but the 60 day waiting period can be waived due to domestic violence.
Ask Your Own Legal Question
Lawyer: Michael Bradley, Lawyer replied 4 months ago

are they willing to waive any time requirements?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I need clarification regarding a new home purchase. I am
Hello, I need clarification regarding a new home purchase. I am currently separated from my husband, we have been living apart for 6 months. He is residing in Illinois, and I am living in California. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
I'm a military spouse seeking a divorce in Texas which is
Hi I'm a military spouse seeking a divorce in Texas which is where we got married and where my spouse's home of record is. I was wondering how that applies to me having not been living within Texas fo… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
I'm wondering if there is any way around the 61 day "cooling
Hi Pearl, I'm wondering if there is any way around the 61 day "cooling off" period. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,964 satisfied customers
I wanted to no if I can continue a trail for divorce if my
I wanted to no if I can continue a trail for divorce if my attorney isn't prepared. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about getting an Occupational Driver's
I have a question about getting an Occupational Driver's License in Texas following a DUI arrest (no conviction, it's still in the trial phase) … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
Trying to go though a tricky Divorce. Married back in 2001(2002)
Trying to go though a tricky Divorce. Married back in 2001(2002) , wife left month or two after we got married to go home to Germany due to family member was sick, and we lost contact after a wile, Sh… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Hi, Husband has lived in Dallas Texas for 17 months and my
Hi, Husband has lived in Dallas Texas for 17 months and my Daughter and I live in California. We sold house, have a lease here in Cali but I want to go try to see if marriage will work out. Filed last… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a family member that wants to file for divorce and is
I have a family member that wants to file for divorce and is living in Europe. She has been advised that she has to be living in the states for 6 month and in the county for 90 days. She is afraid tha… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
If Nebraskas law is you can not get a divorce there until you live there for 12 mont
If Nebraska's law is you can not get a divorce there until you live there for 12 months, what happens if you lie and get one anyway? I know someone who has lived there 8 months, left Florida with kids… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I filed for divorce and my husband failed to file an answer
I filed for divorce and my husband failed to file an answer or waiver in the required 21 days. Can the divorce still be finalized after the initial 61 day waiting period? I am in Denton county in Texa… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
if i bought a car put 6000 down and got a loan for the remaining
if i bought a car put 6000 down and got a loan for the remaining 4200 signed the paper work and took the car home and had to take it back to them the next day for them to fix some things and while the… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
We bought a car at a dealer under pressure and at 9 30 at night
We bought a car at a dealer under pressure and at 9:30 at night not really wanting to but felt pressured to. We drove the car home at 10:00 PM and when we got up the next morning the car we saw the ni… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I got conditional green card via marrying us citizens. Its
I got conditional green card via marrying us citizens. Its been 14 months since our marriage. unfortunately its not going well. I understand i can get conditions removed if i get divorced. however wha… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I just found my boyfriend has been married since 1987. I do
I just found my boyfriend has been married since 1987. I do love him but I gave him a ultnamium gettng a divorce in 2 months are it is over? He is not sure how to find her becuse they were married by … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hello, I reside in Atlanta, Georgia and I need some legal
Hello, I reside in Atlanta, Georgia and I need some legal advice... My husband and I have been married for 3 years and we have two small boys a 3yr. old and a 15 month old. He asked for a divorce on J… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My husband and I live in massachusetts. We are not getting
My husband and I live in massachusetts. We are not getting along at all and I am thinking of divorcing him if things do not change. We live in the same house now and have not spoken much for almost a … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I am living in Myrtle Beach SC, and have for the past 8 months.
I am living in Myrtle Beach SC, and have for the past 8 months. I have been out of work now for 4 months, my ex wife got a divorce while I was here without my signuture and I was ordered to pay child … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
What constitutes a completed contract at a car dealership
I signed a contract to purchase a vehicle at a Texas dealership. I did not take possession of the car, but two days later the salesman called my husband and said that the deal did not go through so we… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x