Serving an Original Petition for Divorce or SAPCR in Texas (Tex. Fam. Code §§ 6.408 & 102.009)
Under Texas Family Code § 6.408 (for dissolution of marriage) and § 102.009 (for Suits Affecting the Parent-Child Relationship / SAPCR custody and child support actions), citation on the filing of an original petition must be issued and served as in other civil cases under Texas Rules of Civil Procedure 103, 106, and 107—unless the respondent signs a compliant Waiver of Service under Texas Family Code § 6.4035 (which can ONLY be validly signed and notarized AFTER the divorce petition has been filed with the clerk!).
Under Tex. Fam. Code § 6.702, a Texas family court may not grant a divorce before the 60th day after the date the suit was filed (absent specified family violence convictions or protective orders). Simultaneously, the respondent's deadline to file an Original Answer runs until 10:00 AM on the Monday next after the expiration of 20 days after the date of service (TRCP Rule 99(b)).
Mandatory County Family Law Standing Orders (Dallas, Collin, Tarrant, Travis, Bexar & Denton)
In a majority of Texas urban and suburban counties—including Dallas County, Collin County, Denton County, Rockwall County, Travis County, Williamson County, Hays County, and Bexar County—the family district judges have adopted mandatory County Standing Orders Regarding Children, Property, and Conduct of the Parties.
In these jurisdictions, the Standing Order automatically attaches to every Original Petition for Divorce and every SAPCR upon filing, operating as an automatic mutual injunction against hiding children, canceling health/auto insurance, or draining bank accounts. CRITICAL SERVICE RULE: The County Standing Order MUST be attached to the Citation and Petition when served on the respondent, and our JBCC-certified process servers explicitly list the exact County Standing Order title on the TRCP Rule 107 Return of Service so its provisions are immediately enforceable by contempt.
Need JBCC-Certified Service Under Tex. Fam. Code §§ 6.408, 6.501, 102.009 & TRCP 106?
Upload your PDF pleadings online—Standard ($69), Rush ($119), or Same-Day ($169) across all 254 Texas counties.
Serving Family Law Temporary Restraining Orders (TROs) & Order to Appear for Temporary Orders
When a petitioner seeks emergency exclusive use of the marital residence, temporary conservatorship of children, or an extraordinary Temporary Restraining Order (TRO) under Texas Family Code § 6.501 and § 105.001, the court sets a Temporary Orders Hearing (typically within 14 days because a TRO expires after 14 days under TRCP Rule 680 unless extended).
Because the respondent must be personally served with the TRO and Notice of Show Cause / Temporary Orders Hearing at least 3 days before the hearing under TRCP Rule 21 (unless shortened by the court), family law attorneys rely heavily on our Rush ($119) and Same-Day ($169) dispatch. Note also that under TRCP Rule 6, an application for an injunction / TRO is one of the express statutory exceptions that CAN legally be served on a Sunday in Texas!
Family Violence Protective Orders Under Texas Family Code Chapter 82 & 85
When a court issues a Temporary Ex Parte Protective Order and Notice of Application for a Protective Order under Texas Family Code Chapters 82 and 83, the notice of application must be served in the same manner as citation under the Texas Rules of Civil Procedure (Tex. Fam. Code § 82.043). Because the final Protective Order hearing is mandated within 14 to 20 days, private JBCC process servers are frequently retained alongside law enforcement to track down evasive respondents at workplaces or secondary residences.
Serving Enforcement Motions, Contempt Citations & Out-of-State Spouses (Tex. Fam. Code Ch. 157)
In post-decree Texas family law proceedings—such as a Motion for Enforcement of Child Support or Possession and Access seeking contempt of court (which carries quasi-criminal penalties including up to 6 months in county jail under Tex. Fam. Code § 157.166)—Texas Family Code § 157.062 strictly requires that the Notice of Hearing and Motion for Enforcement be personally served on the respondent parent at least 10 days before the contempt hearing! Service by email on a prior attorney or front-door posting will NOT authorize a Texas family judge to issue a capias (arrest warrant) if the respondent fails to appear.
Additionally, for military spouses stationed at Joint Base San Antonio (Lackland, Randolph, Fort Sam Houston), Fort Cavazos (formerly Fort Hood in Bell/Coryell County), Fort Bliss in El Paso, or NAS Corpus Christi, our JBCC-certified servers coordinate directly with Provost Marshal and JAG liaisons to effect compliant on-base or off-base personal delivery.