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?
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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 12 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.
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