Should I Sign a Waiver of Service? (Texas Divorce)

The Texas State Law Library explains that service of process is “a necessary step of any lawsuit.” A divorce is no exception. The party who files for divorce must properly serve papers on their spouse. That being said, the non-filing party has the right to sign a document waiving service of process. Here, our Houston divorce attorney provides a more comprehensive overview of the key things to know about the consideration for waiving service of process in a Texas divorce.

Understanding Service of Process Requirements in a Texas Divorce Case 

Although people do not always think of it that way, a divorce petition is essentially a type of lawsuit. In Texas, the respondent—the spouse who did not file for divorce—must be formally notified of the divorce petition. The notice must be provided in the proper manner. In Texas, service of process should be done by an official process server, sheriff, or constable. A qualified process service can deliver the divorce papers.

The Bottom Line: The spouse who did not file the divorce petition has a right to be properly served the divorce papers by a process server. Waiving service may also be waiving important rights you have in the divorce.

 Why Would Someone Opt to Waive Service of Process? 

The right to be served divorce papers can be waived. In fact, the right to service is actually waived in many uncontested divorce cases in Texas. There are several reasons someone might choose to waive service of process in a Texas divorce, including:

• Save Time: You can skip the step of getting the process server involved.
• Save Money: It is not free to use a process server, the expense can be avoided.
• Reduce Stress: Getting tracked down by a process service can be stressful.
• Amicability: Official service can sometimes feel too intense, breaking down rapport. 

Speak to an Attorney before you WAIVE SERVICE.

 Contact Our Houston Divorce Attorney Today

At Lindamood & Robinson, P.C., our Houston divorce lawyers are solutions-forward advocates for our clients. If you have questions about signing a waiver of service, we can help Contact us right away for your confidential case evaluation. With a law office in Houston, we provide family and divorce service in Harris County, Galveston County, Fort Bend County, and Brazoria County.

Source:

guides.sll.texas.gov/divorce/serving-divorce-papers