How long after a divorce petition is filed does my spouse have to sign a waiver of service before I have to have him served?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long after a divorce petition is filed does my spouse have to sign a waiver of service before I have to have him served?

My spouse and I are having an agreed divorce. He is out of town and will be back in a week and has said he will sign it then.

Asked on April 12, 2012 under Family Law, Texas

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Service can not be waived. Either there is a service or there is not.

In agreed situations, you can have uncontested divorce. If he is not served and does not file a response, then you will be able to get a default judgment. Is that what the intended objective is?

I suggest you serve him. He can accept service in person. There is a form Acknowledgment of Service of Process you can have him sign. You have to file it in the court.

Once service is done, then based on what you want to do, you can have an agreement and file the request for final judgment along with written settlement agreement to get the divorce. This is better practice since written agreement ensures that nothing is left unsaid. It will avoid problems later.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption