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What does service of process mean in a divorce case?

On Behalf of | Nov 10, 2021 | Divorce

If you are thinking about ending your marriage, you may have already considered your spouse’s feelings on the matter. While your spouse may be ready to divorce, they may also not want your marriage to draw to a close. Nevertheless, in Texas, either spouse can file for divorce with or without the other’s consent.

The spouse who files for divorce is the petitioner, and the other spouse is the respondent. Texas law gives the respondent a right to have someone personally serve the divorce paperwork on them. Service of process is simply a legal notice that informs you that your spouse has filed for divorce.

Who serves process in a Texas divorce?

When a petitioner files for divorce, a process server must provide the respondent with the petition and any divorce-related papers that accompany it. The process server may be the sheriff, court clerk or a private party. The server keeps records to document when, where and how the respondent receives the divorce paperwork.

Can you waive the service of process in your divorce?

It may make you uncomfortable to have a sheriff or another process server come to your home. After all, you may not want your neighbors to see a server knocking on your door. Fortunately, it is possible to waive the service of your divorce paperwork. To do so, you simply sign a process waiver in the presence of a notary public and file it with the court.

If you and your husband or wife have settled every divorce-related issue prior to filing for divorce, waiving the personal service of your divorce paperwork may make sense. Ultimately, though, because waiving service may have some consequences for you, it is advisable to understand all your legal options before doing anything else.


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