No, as of September 1, 2019, a person can now file a waiver that conforms with the unsworn declaration language rather than have the waiver notarized in a family law case.
Here is the Source of Law:
§ 31.008 (d) Waiver of Citation-AMENDED
- d) The waiver must be sworn before a notary public who is not an attorney in the suit or conform to the requirements for an unsworn declaration under Section 132.001, Civil Practice and Remedies Code. This subsection does not apply if the party executing the waiver is incarcerated.
SECTION 11.02. Section 45.107(d), Family Code, is amended to read as follows:
(d) The waiver must be sworn before a notary public who is not an attorney in the suit or conform to the requirements for an unsworn declaration under Section 132.001, Civil Practice and Remedies Code. This subsection does not apply if the party executing the waiver is incarcerated.
Source: SB 891
Eff. Date: 9/1/19
As of September 2019, a waiver of service is no longer required to be notarized.
