If you think you may have a deal with your spouse on the divorce, then you would want them to sign a waiver of service. To serve someone with process starts at $60 and go run into several thousands dollars in their are in a foreign country. The form of the waiver is below. The waiver is no good if you sign before the case is filed. You must insert the cause number in the waiver for it to be good. My firm usually will encourage the opposing party to sign the final order, this is not necessary if they sign a global waiver. If the spouse signs the waiver, this does not always mean you have an uncontested divorce, it just means you save money on the service unless it is a globally waiver of all of their rights. The Waiver Divorce Houston form is below:
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HARRIS COUNTY, TEXAS |
WAIVER OF SERVICE
________________ appeared in person before me today and stated under oath:
“I, _____________________, am the person named as Respondent in this case.
“I acknowledge that I have been provided a copy of the Original Petition for Divorce and Agreed Final Decree of Divorce filed in this case. I have read and understand the contents of that document.
“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.
“I enter my appearance in this case for all purposes.
“I waive the making of a record of testimony in this case.
“I agree that this case may be taken up and considered by the Court without further notice to me.
“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.
“I request the Court not to enter any orders or judgment not signed by me or without my receiving prior written notice of the date, time, and place of any proceedings.
“I understand that I have a duty to notify the attorney for Petitioner if I change my address. I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.
“I further state that the following information is correct and that my-
Mailing address is: ___________________________
Telephone number is: _______________________
Social Security number is: ______________________________
Texas driver’s license number is: _________________________
“I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding.”
SIGNED under oath before me on
Notary Public, State of Texas
About the Author
Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases. He is familiar with the policy and procedures of the Houston Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Please call with your family law or divorce questions for contested divorce Houston Texas.
Michael Busby Jr.
6100 Corporate Dr Ste 190
Houston, Texas 77036
(713) 974-1151
281-DIVORCE
Visit me on the web at www.busby-lee.com
Waiver Divorce Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:
Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief
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