How to serve divorce papers in Texas

Updated October 15, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.

A Texas divorce starts when one spouse files an "Original Petition for Divorce." The other spouse (the respondent) must then either be formally served or sign a valid waiver. Family Code Sec. 6.408: "Citation on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases."

Option 1: Formal service of the citation and petition

  1. Get the citation from the clerk. Under Rule 99(a), the clerk issues citation on request, and "the party requesting citation shall be responsible for obtaining service of the citation and a copy of the petition."
  2. Use an eligible server. Rule 103 allows a sheriff or constable, a person authorized by written court order who is at least 18, or a process server certified by the JBCC. You cannot serve your spouse yourself: "no person who is a party to or interested in the outcome of a suit may serve any process in that suit."
  3. Serve by an allowed method. Rule 106(a): in-person delivery of the citation (showing the delivery date) and petition, or registered or certified mail, return receipt requested.
  4. File the return of service. The server completes a return under Rule 107. See our return of service checklist.

The served spouse's answer is due "by 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service" (Rule 99(b)). Our answer deadline calculator works out the date. Note that in a divorce, "the petition may not be taken as confessed if the respondent does not file an answer" (Family Code Sec. 6.701), so the petitioner still has to prove up the case.

Option 2: Waiver of service (Family Code 6.4035)

If your spouse is cooperative, formal service can be skipped. Sec. 6.4035(a): a party "may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition." The waiver:

  • must be signed after the petition is filed;
  • "must contain the mailing address of the party who executed the waiver" (Sec. 6.4035(b));
  • "must be sworn before a notary public who is not an attorney in the suit," except when the signer is incarcerated (Sec. 6.4035(c));
  • may be signed with a digitized signature (Sec. 6.4035(e)).

The clerk then mails the waiving spouse notice of the signed final decree (Sec. 6.710).

Option 3: When your spouse avoids service or can't be found

  • Substituted service. After documented failed attempts, the court may authorize alternative service under Rule 106(b), such as leaving the papers with someone over sixteen at the address, or service by email or social media. See when someone is avoiding service.
  • Publication. Sec. 6.409(a): citation in a divorce "may be by publication as in other civil cases, except that notice shall be published one time only." If no parent-child relationship exists in the suit, "service by publication may be completed by posting the citation at the courthouse door for seven days in the county in which the suit is filed" (Sec. 6.409(d)). Our citation by publication calculator can help with dates.

Timing

Except in certain family-violence cases, "the court may not grant a divorce before the 60th day after the date the suit was filed" (Family Code Sec. 6.702(a)). Serving early keeps the case on track for a final hearing after that period. See how long service takes.

Hiring a server

Private certified servers can make attempts at evenings and weekends (but not Sundays; see Sunday service). Compare prices with our cost estimator and find servers in Harris, Dallas, Bexar, Travis or any county.

Quick answers

How are divorce papers served in Texas?

Family Code Sec. 6.408 says citation in a divorce "shall be issued and served as in other civil cases." That means a sheriff, constable or JBCC-certified process server (Rule 103) delivers the citation and petition in person, or the clerk mails them by registered or certified mail, return receipt requested (Rule 106(a)).

Can my spouse sign a waiver instead of being served?

Yes. Under Family Code Sec. 6.4035 a spouse may waive issuance or service after the suit is filed by filing a waiver acknowledging receipt of the filed petition. It must contain their mailing address and be sworn before a notary who is not an attorney in the suit (unless the spouse is incarcerated).

Can I serve my spouse myself in Texas?

No. Rule 103 says "no person who is a party to or interested in the outcome of a suit may serve any process in that suit."

What if I cannot find my spouse?

Divorce citation may be by publication "as in other civil cases, except that notice shall be published one time only" (Family Code Sec. 6.409(a)). If no parent-child relationship is involved, publication may be completed by posting at the courthouse door for seven days (Sec. 6.409(d)).

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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.

Sources

  1. Texas Family Code, Chapter 6 (Secs. 6.408, 6.4035, 6.409, 6.701, 6.702, 6.710), Texas Legislature Online
  2. Texas Rules of Civil Procedure (Texas Judicial Branch, current edition; downloaded Oct. 9, 2026)