McKinney Texas Respondent's Original Answer
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How to fill out Texas Respondent's Original Answer?
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File (turn in) your completed answer form with the court. To file online, go to E-File Texas and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.
If you choose not to file an Answer, especially in a case where you don't agree with everything included in the Petition for divorce filed by your spouse, you are considered to be in default. As such, the court can enter a default judgment and make orders based on the Original Petition without your input.
If you file an answer ? referred to in Texas as the ?respondents original answer? ? it serves as a general denial of your spouse's allegations and entitles you to notice of future proceedings.
A spouse can waive their right to be personally served with a copy of the divorce lawsuit by signing a Waiver of Service. They do this by signing the waiver of service in the presence of a notary, notarized, and then filing it with the court.
The original answer is typically a concise document in response to the basic arguments presented in your original petition. Your spouse may choose to file a counter-petition in which he or she makes her allegations and can request certain relief from the court.
The original answer may consist of motions to transfer venue, pleas to the jurisdiction, in abatement, or any other dilatory pleas; of special exceptions, of general denial, and any defense by way of avoidance or estoppel, and it may present a cross-action, which to that extent will place defendant in the attitude of a
File (turn in) your completed answer form with the court. To file online, go to E-File Texas and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.
If you have been served with divorce papers and want to have a say in your divorce, you must file (turn in) a Respondent's Original Answer form with the court by the deadline. Get answer forms in the Instructions & Forms for Filing an Answer in a Divorce checklist in the Instructions and Forms section of this guide.
If you do not file an answer, the divorce can go ahead without you. Your spouse will get a default judgment. You will not have any input about what happens to your property, your debts, and possibly issues involving your children. If the divorce is contested, you also have the opportunity to file a counter-petition.