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Do I need to send copy of divorce decree if he signed waiver of service (TX)?

El Paso, TX |

I was just granted a divorce (represented myself) in Texas, but because he signed a waiver of service, do I still need to send a copy of the divorce decree or can I leave that for him to do on his own? Or, does the court mail him a copy by default? The least contact I can have with him, the better. Thank you for your assistance!

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Attorney answers 4

Posted

I am assuming that he signed the kind of "Waiver of Service" that required no further notice to him. If not, he would have had to SIGN the divorce decree. If he signed it, he has a copy of it and he only has to request a "certified copy" from the district clerk. Fees vary by county, but it is generally around $1.00 per page.

If he didn't have to sign the decree, you have no obligation to send it to him. Again, he can order himself a copy by contacting the district clerk.

Posted

The court will not send him a copy of the decree. He will be sent a postcard telling him the order has been signed. If he wants a copy, he can order it. Whether you want to mail him a copy is up to you

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

Posted

What did the waiver of service say? Some are rather draconian and say the person waives the right to everything, including clean underwear. The one I use only waives service of process and we still notice for hearings and send copies of everything. Read the waiver carefully.

DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. This answer does not establish an attorney client relationship. I am admitted only in Texas. I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other issues, 210.307.6855.

Posted

I imagine that it is not required by your local rules to send him a copy of the decree. However,
I presume that he must have signed it if you have a decree to give or it was a default. If the waiver actually waived all of his rights (which I doubt) then you have no obligation at all. Otherwise he can get a certified copy at the district clerk on his on accord.

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