If you are in the process of getting divorced, you will eventually come across the term “waiver of service.” This is a document that is used in a divorce case, when one spouse agrees not to be served by a citation server.
In a divorce case, most often the person that files the divorce will have their lawyer “serve” their spouse with the papers. The citation server will knock on the door and hand the papers over to your spouse and state “you’ve been served.”
While it may seem over the top, this is a part of our Texas civil procedure, and is set up so that all parties in the divorce case will have notice of the fact that the case is happening.
However, some people decide to bypass this process by waiving service. One method to waive service is to sign what is called a “waiver of service” as enclosed below.
We have enclosed a template of a Texas waiver of service in a divorce case.
Quite often, it is ill advised that you should sign a waiver of service. Certainly you should not do so until you have consulted a lawyer who has looked at the particular waiver of service that you are considering signing.
Still, we understand that there is a need to have access to these legal documents and be able to quickly produce them. For that reason we have a tool below that allows you to answer a few basic questions and receive an automatically populated waiver of service in your designated email inbox.