I keep hearing that I have to 'serve' my spouse for a divorce. What does this mean?

First things first - a divorce is actually a type of lawsuit. And before you can sue someone, you have to first tell them what you want and why, and give them the opportunity to respond. So, your spouse must receive notice (formally called 'service of process' that you have filed suit as well as notice of what exactly you are suing them for. In other words, you have to tell your spouse the legal reason, or 'grounds,' for your requested divorce. If you don't get your spouse properly served, your case can be delayed or dismissed.

How do I serve my spouse with divorce papers in Texas?

There are seven ways you can serve your spouse for divorce in Texas. Don't worry - we'll explain each one. Waiver of Service Only (Specific Waiver) Personal Service Service by Registered Certified Mail, Return Receipt Requested Substituted Service by Court Order Service by Posting Service by Publication Waiver of Service Only (Specific Waiver) Waiver of Personal Service only: If you have an uncontested divorce, this is likely the best option for you. The respondent spouse can sign this form, and it is filed with the court. This form must be signed in front of a notary. Signing this form does not waive the respondent spouse's other rights, such as the right to file an answer or the right to be notified of developments in the divorce case. It only helps to avoid costs associated with formally serving the documents. Personal service: Personal service is fulfilled by a constable, sheriff, private process server, or court clerk. The server will deliver the divorce documentation to your spouse in person and is required to provide a Return of Service form outlining when and how your spouse was served. Depending on the server, they will either file this Return of Service form with the court or send it to you to be filed. Service by registered or certified mail, return receipt requested This option should only be used if you are sure the respondent will sign for the certified letter. If the name is not written exactly as it is in your original Petition for Divorce, you'll be required to find another way to serve your spouse and pay the associated fees. For this method, a clerk or constable will mail the documentation to your spouse's residence by certified mail with a return receipt requested. If the return receipt is signed and returned to the clerk or constable, they will then complete a Return of Service form and either file it with the court or send it to you to be filed. Substituted service by court order: When you've attempted either personal service or service by registered mail and have been unsuccessful, and it is confirmed that your spouse lives, works, or can be found at the location where service was attempted, you can use this form. You ask the court for permission to serve your spouse in another way by filing a Motion for Substituted Service along with a Rule 106(b) Affidavit from the constable, sheriff, or private process server who attempted service upon your spouse. If granted, the Order for Substituted Service gives permission for the server to either a) leave a copy of the divorce documentation with anyone over the age of 16 at the location of service, or b) another form of acceptable service specified in the order. Service by posting: This method involves posting a notice about your divorce in an acceptable public forum in an effort to provide notice to your spouse. Permission for this is only granted if: you cannot find your spouse despite your best efforts; you and your spouse do not have any children under the age of 18 or still in high school; the wife is not pregnant; and the wife does not have any children with another man under the age of 18 who were born during the course of the marriage (unless their paternity has been legally established) You must file an Affidavit for Citation by Posting, which swears that you did your best to locate your spouse. You file it along with a Motion for Citation by Posting. If your request is granted, you will receive an Order on Motion for Citation by Posting, which outlines the manner in which your service by posting has to be carried out in order to be deemed valid. You can use this guided form to complete the Affidavit and Motion for Citation by Posting. Service by publication: If you've tried absolutely everything in an effort to locate your spouse and were unsuccessful, and there are children (under the age of 18 or still in high school) involved, you can ask for permission to use this method. You will need to file an Affidavit for Citation by Publication (in a Divorce with Children), which provides details about the various ways you tried locating your spouse, along with a Motion for Citation by Publication (in a Divorce with Children). If granted, the Order on Motion for Citation by Publication (in a Divorce with Children) is signed by the judge. You then ask the clerk, constable, or sheriff to a) send the citation to a newspaper in the county where your case was filed, and b) issue a citation to Texas' public information website. They will then fill out a Return of Citation form, which you ensure is filed with the clerk's office. You are responsible for the costs involved in service by publication. However, if a) you've filed a Statement of Inability to Afford Payment of Court Costs, b) the cost of publication in the newspaper would cost $200+/week, or c) the jurisdiction where the party is being served doesn't have a newspaper, you can serve by publication on Texas' public information website alone.

How to Serve Divorce Papers in Texas?

By Hello Divorce Team

Divorce Specialists

Last Updated: September 11, 2023

Published: July 10, 2022

Divorce Process, Divorce Forms, Divorce in Texas, Serving Divorce Papers

Meaning of serving divorce papers
What documents do you serve?
Ways to serve divorce papers
How to serve divorce papers outside of Texas
How long do you have?
How much does it cost?
Serving divorce papers in Texas FAQs
References

Serving divorce papers is the legal process of notifying your ex of your intention to end your marriage.

You can serve divorce papers through an impartial third party, the mail, or even a newspaper advertisement. But you can’t give them to your spouse yourself.

Keep reading to find out how to serve divorce papers, and find out about one method that could help you to skip serving altogether.

What does it mean to serve divorce papers?

A divorce is a lawsuit, and like all legal proceedings, it requires paperwork. Once you have filed your divorce petitions with the courthouse in your Texas county, you must notify your ex. You will do that by serving papers.

You can skip the serving process if you and your spouse agree to participate in an uncontested divorce. You settle your estate and childcare arrangements privately and have your terms set before you file for divorce.

If your spouse agrees to fill out and sign one of two forms, you don't need to serve them with divorce papers. These are the two forms:

Respondent’s Original Answer form
Waiver of Service Only form (which must be signed in front of a notary)

If your ex will not fill out these forms, you must proceed with serving divorce papers.

What documents will you serve to your spouse?

Two types of documents make up the bundle of paperwork you will serve to your spouse in Texas.

The two types are as follows:

Personal: A copy of your Original Petition for Divorce is required. The version you will serve has been stamped by the courts and returned to you when you filed for divorce.
Governmental: The court provides a Citation, notifying your ex of the divorce. You’ll get this document when you file.

Remember that you must serve official, stamped documents (not copies). Other paperwork is required to finalize your divorce, but these two sets of documents make up the bundle of papers served.

Thinking about divorce but don't know where to start?

Our free download can help.

Ways to serve divorce papers in Texas

You can't hand your spouse divorce paperwork in Texas. Instead, you must move through a formal, legal process. Several options exist. You should pick your option before you file for divorce, so your clerk can deliver your paperwork to the person you've hired to help you.

Personal service

A server is an impartial adult (18 and older). Constables, sheriffs, professional process servers, or court clerks can take your documents to your ex and hand them over.

The server fills out and files a Return of Service form with the court. This document serves as proof that your spouse has been notified of the divorce.

Mail service

If you know where your spouse resides, mail service is a good option. It works like this:

The constable or clerk can mail divorce papers to your spouse via certified mail, requesting a return receipt.
Your spouse goes to a post office to pick up these documents and sign a card on pickup.
That card is returned to the constable or clerk, who then fills out and files a Return of Service form.

Substituted service

You've hired a personal service to serve papers, but that person hasn't reached your ex in person or via certified mail. The server can confirm that your spouse lives or works at the address where papers were filed, but your ex won't participate.

You can file a Motion for Substituted Service and provide proof that you've tried to reach your spouse. If the judge is convinced, an Order for Substituted Service authorizes your server to leave your papers with anyone at the address who is 16 or older. Your server can also deliver those papers via any other method that seems reasonably effective.

Service by posting

You share no children with your ex, and you’re not sure where to serve papers. You’ve tried to track down addresses, but you can’t confirm one. You can post a notice about your divorce in a public forum.

You must file an Affidavit for Citation by Posting and file it with a Motion for Citation by Posting. The court will issue an Order on Motion for Citation by Posting and tell you how to notify your ex about the divorce.

Service by publication

If you share children with your ex, you can’t use service by posting. But you can use a newspaper published in your county, along with a citation on the Texas public information website, to notify your spouse.

File an Affidavit for Citation by Publication (in a Divorce with Children). This provides specifics about the different ways you tried to find your spouse. You’ll also file a Motion for Citation by Publication (in a Divorce with Children).

If granted, a judge will sign the Order on Motion for Citation by Publication (in a Divorce with Children).

How to serve divorce papers to a spouse living outside of Texas

You can file for divorce if you live in Texas, even if your ex lives in another state. Serving papers is slightly more difficult, but it's not impossible.

You can use one of the following options:

Connect with local process servers. Find an organization in the city, state, or country where your ex lives and ask them to serve papers for you.
Use certified mail. Ask your server to send paperwork to your spouse where they live, even if it’s in another country.
Try publishing in the paper. Most communities have some kind of public paper you could use to give your spouse notice.

If your spouse lives outside the United States, you could also connect with diplomatic or consular officials. Or you could ask the judge to help you find a method that’s in accordance with the laws where your spouse lives.

How long do you have to serve Texas divorce papers?

No formal deadline governs when you must serve papers to your ex. In general, it's best to start the serving process as soon as you file, especially if you know finding your ex will take time. Delays can also slow down your divorce proceedings.

How much does it cost to serve papers?

Servers charge a wide range of fees, depending on the complexity of the case and the compliance of your spouse. A simple transaction could cost $20 or so, but longer cases could cost $100 or more.

If you opt to notify your spouse through the newspaper, prepare to pay $200 per week, on average.

FAQ about serving divorce papers in Texas

Can you serve your own divorce papers in Texas?

No. You must ask an impartial third party to serve divorce papers for you.

Can you serve divorce papers by certified mail in Texas?

Yes, but an impartial third party must mail them for you.

References

How to Serve the Initial Divorce Papers. (January 2023). TexasLawHelp.org
Responding to a Divorce Case. (January 2023). TexasLawHelp.org.
My Spouse Filed for Divorce. (December 2022). TexasLawHelp.org.
Serving a Respondent Who Lives Outside the U.S. (January 2023). TexasLawHelp.org.

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Summary

How to Serve Divorce Papers in Texas?

What does it mean to serve divorce papers?

What documents will you serve to your spouse?