My spouse had me sign a waiver of service for divorce, what does that mean?

What happens when you sign a waiver of service in a Texas divorce case in Collin, Dallas, Denton, and Tarrant counties?

If you husband (or wife) is divorcing you, sometimes they’ll ask you to sign a waiver of service.  A waiver of service means that you are waiving your legal right to be properly served with notice of a divorce.  Once you file a waiver of service, you’ll need to also file an answer, and in some cases, a counterpetition.  If you don’t follow up a waiver of service with at least an answer, signing a waiver of service can have bad consequences for you if you do not follow up with immediate action.   Over the years, I’ve encountered many wives and husbands who unwittingly signed a waiver of service.  Sometimes the waiver of service is limited to just service, but sometimes the waiver of service waives all of your rights to notice regarding further action in the divorce case.  This means that you could be waiving your right to know what your husband is trying to do in the divorce.  If you have children or property, this could mean that your husband could be setting you up to take possession of the children or the marital home.

Be careful before signing a waiver of service.  If you do sign one, be sure to follow up your waiver of service with an answer that is filed in the court’s filing system.  And, in many cases, you will also want to file a counter petition.  If you are considering signing a waiver of service that your husband has given you and you aren’t sure you should, schedule an appointment for a consultation so we can review the waiver of service and advise you on exactly what you are agreeing to waive.