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I filed for divorce, and my husband filed a waiver of service. Do I still need him to read and sign the divorce decree?

Dallas, TX |

So basically, I filed for divorce, he filed a waiver of service. On it, it says by signing, you give up all legal rights to this case.

So, can I go ahead and finish my divorce paperwork and schedule my hearing? Or, does my husband have to sign the divorce decree too? Please let me know, this is really important to me.

I am getting conflicting answers. The exact wording on the waiver he filed is as follows-- Warning: By signing this form, you give up all your legal rights in this case. Do not sign if you want to know what the court will order in your divorce. You can waive your right to be served, but keep your other rights, by filing an answer instead. You can find an Answer form at with the divorce-with children forms. --So, can I go ahead and finish up my divorce without his signature? Thanks.

Attorney Answers 6


His signature is still required on the Divorce Decree.

Disclaimer:The answer provided is for informational purposes only. It should not be relied upon as specific legal advice and it does not create an attorney-client relationship. Information should not be acted upon without seeking professional legal counsel. Attorney Stevens can be contacted for a consultation at 888-908-6296 or

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Your husband has to read and sign the divorce decree. He may have to enter an appearance too, if he only signed a waiver of service. You have to finish your paperwork and have him sign it to signal the judge that he's read it. You're also going to have to file an Austin form with the BVS once you're done.

If you're having problems going pro se, you can always have a local attorney review the documents.

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Nope, you can finish the divorce yourself. However, I caution you that if he's willing to sign to let him sign it so he won't be complaining later that he was tricked, etc... especially if you have children or property.

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1 lawyer agrees


Absolutely he must sign. The Waiver is so you do not have to serve him by personal service, citation. There are other factors to consider in even the simplest of divorces. Without knowing all the details of your situation there may be other things complete and if you do not meet the requirements of the courts when attempting to finalize, the Judge will tell you to get an attorney.
Such as, child support, health support, property division, all required forms and many more. You should consult with an attorney in a personal consultation to go over your status and the best plan of action for your situation.

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The answer depends on the language in the waiver. You really need to take the waiver to a lawyer, who can read it very closely and make sure that no further notice would be required. If that is the case, then you no longer need his signature. In Dallas, each court differs on it's policies for entering a final decree, so you need to call the specific court and ask about their policy for the "prove-up hearing," just a quick hearing to finalize your divorce.

If the language does not clearly give up the notice requirement for your husband, you will need to get his signature or go through a contested divorce process.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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2 lawyers agree


It all depends on the Waiver of Service. If the waiver states that your husband waives any and all future hearings and waives his right to notification of any other proceedings, then no he does not need to sign. All depends on what rights he is waiving .

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