If i’m filing for divorce, does my spouse need to sign the final decree if she has signed a Waiver of Service?

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If i’m filing for divorce, does my spouse need to sign the final decree if she has signed a Waiver of Service?

Asked on December 5, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what type of waiver she has signed.  If the waiver authorizes you to proceed without any further notice to your spouse, then the judge may let you proceed with the divorce without your spouse signing the decree-- however, many will require a signature on the decree, even if there is a waiver of this type signed.
If your spouse only signed a general waiver (i.e. waiver of notice and the right to be personally served), then your spouse will need to sign final decree in order to finalize your divorce. 
Another option is for the two of you to show up to the final prove-up hearing together-- and put on the record that you are both in agreement with the proposed final decree.  As long as the judge is confident that the decree is agreed to, then the judge will allow the parties to proceed to finalization.


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