DO YOU HAVE TO SERVE YOUR SPOUSE WITH PAPERS IN ORDER TO GET DIVORCED IN TEXAS?
In Texas, you do not have to serve your spouse with notice of a divorce case if your spouse waives service. In order to waive service, your spouse has to sign the waiver in front of a notary public.
The only exception to the rule that the waiver must be signed by a notary, and not with other self proving language, is if the person signing the waiver is in prison.
TEXAS FAMILY CODE ON THE WAIVER OF SERVICE IN A TEXAS DIVORCE
Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.
(b) The waiver must contain the mailing address of the party who executed the waiver.
(c) Notwithstanding Section 132.001, Civil Practice and Remedies Code, the waiver must be sworn before a notary public who is not an attorney in the suit. This subsection does not apply if the party executing the waiver is incarcerated.
(d) The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
(e) The party executing the waiver may not sign the waiver using a digitized signature.
(f) For purposes of this section, “digitized signature” has the meaning assigned by Section 101.0096.
EXAMPLE WAIVER OF SERVICE LANGUAGE (TEXAS)
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
AND § JUDICIAL DISTRICT
AND IN THE INTEREST OF §
___________, A CHILD § COUNTY, TEXAS
WAIVER OF SERVICE
JANE DOE appeared in person before me today and stated under oath:
“I, JANE DOE, am the person named as Respondent in this case.
“I acknowledge that I have been provided a copy of the Original Petition for Divorce, filed on_______________ , in this case. I have read and understand the contents of that document.
“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.
“I enter my appearance in this case for all purposes.
“I waive the making of a record of testimony in this case.
“I agree that this case may be taken up and considered by the Court without further notice to me.
“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.
“I further state that the following information is correct and that my-
Mailing address is:___________________________.
Telephone number is: ________________________.
E-mail address is:___________________________.
“I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding.”
I, JANE DOE, declare under penalty of perjury under the laws of the United States of America that and the foregoing facts stated herein are true and correct.
Executed on: __________________________ (date)
Download a free waiver of service (.doc)
In order to help you with formatting your waiver of service, we have this downloadable waiver of service here.
If you sign this waiver of service, you are waiving all rights you have to advocate for yourself in your divorce, and your spouse will have the ability impact your property and your rights to your children (if applicable).