In Texas, a party involved in a divorce can waive the service of citation by filing a waiver with the court. This waiver must acknowledge receipt of the divorce petition and must contain the party’s mailing address. It must also be signed before a notary public who is not involved in the suit, except in cases where the party waiving service is incarcerated.
It’s important to note that this waiver only applies to the original petition and does not automatically waive the respondent’s right to receive service of any amended petitions unless explicitly stated in the waiver. This means that if the petitioner files an amended petition, they may still be required to serve the respondent unless a waiver covering the amended petition is also filed.
Waiving service can expedite the divorce process by eliminating the need for formal citation, but it must be done correctly to ensure that the waiver is legally valid. This involves careful attention to the specific requirements outlined in the Texas Family Code § 6.4035 and ensuring that all necessary details are included in the waiver document.
Understanding the rules around waiving service is essential for anyone going through a divorce in Texas, as it can significantly impact the timing and progression of the case.