Once you’ve filed for divorce, the next step is to officially “serve” your spouse with the divorce paperwork. Thankfully, this critical responsibility isn’t something you have to worry about doing yourself. A constable or sheriff physically hands the paperwork to the respondent instead, either at their home or work. But what if you or your spouse wish to avoid that public and often embarrassing process? This is where a waiver of service can help.
While your spouse must be served with the initial divorce papers as quickly as possible, they can agree to effectively waive the process of being physically served by signing a waiver of service, also known as a waiver of citation.
How Does a Waiver of Service Work?
There are plenty of situations where a process server is necessary to serve someone’s divorce papers physically. For example, the two sides may not be on speaking terms, or there may be a concern about potential domestic violence. It could also be that the respondent is nowhere to be found or is evading getting served.
For these situations and many more, having a constable or sheriff handle this step is critically important for you.
That said, there are plenty of situations where the divorce case isn’t contested. The spouse who didn’t initially file the divorce petition still needs to be served, but they aren’t arguing the divorce and are willing to cooperate. Their only request is not to be subjected to the embarrassment of being physically served. Perhaps you, too, wish to give them a break and offer an alternative. A waiver of service is a legal form you can present to your spouse, who must sign it and have it notarized and filed with the Court.
By signing a waiver of service, they are telling the Court that they’ve received the divorce petition and“waive” the standard serving process.
Things to Consider About a Waiver of Service
Here are a few points about the Waiver of Service that one should be aware of:
- The Petitioner usually sends a request to the respondent, asking them to sign the waiver. It’s considered good practice to allow the respondent a reasonable amount of time to consider the request.
- Signing a waiver of service often gives the respondent more time to file a response.
- The respondent is not required to sign a waiver of service. It’s a voluntary action.
- If a respondent refuses to sign the waiver without a good reason, you must have them formally served. In this scenario, the Court may order the respondent to pay the costs of the formal service.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
