I have received a petition for divorce and a waiver of service by regular mail from my husbands attorney. Have I been served?

Asked about 1 year ago - Houston, TX

My spouse and I had agreed on filing for a uncontested divorce once certain requirements had been met. So far that had not been the case and all of the sudden I am being presented with divorce papers. Do I have to respond at all? My spouse is working overseas and i had met with this attorney in person to talk about what would have to be done to get a divorce. My spouse also participated through a conference call. We agreed on certain terms and I in return would not claim any of our community property and so on. However after reading the petition I don't see any of my terms mentioned. Only his terms. So now Im wondering if I even got served. The attorney told me not to sign anything until I have received what was agreed on. Help?!?!

Attorney answers (3)

  1. Brian Douglas Walters


    Contributor Level 13


    Lawyers agree

    Answered . No, you have not been properly served. That is why the attorney sent you a Waiver of Service. You may be headed for a contested divorce after all, although I would have to see the Petition for Divorce to be more sure.

    This information is not legal advice and does not form an attorney-client relationship.
  2. Adam Kielich

    Contributor Level 18


    Lawyer agrees

    Answered . No, you have not been properly served by the lawyer but if you sign and return the waiver of service you will waive any argument regarding service.

  3. Fran Brochstein

    Contributor Level 18


    Lawyer agrees

    Answered . I'd be on this website and hiring an attorney that I trust.

    The Petition for Divorce just put the world on notice that a lawsuit (divorce) has been filed. You are being sued. This is serious. You need to hire an attorney to protect yourself.

    Quite frankly, most attorneys won't tell you this but over 90% of all family law cases settle before trial. Why? Because litigation is expensive. Even the nastiest cases eventually settle once a lot of "dirt" gets thrown. The people get tired. Fighting getting tiring. It also gets expensive. Depositions and discovery are time consuming, expensive and exhausting. Eventually people's pocket books are emptied, their family and friends are tired of hearing of them complain and start avoiding them, and they are worn out. Time begins to heal the wounds. The judges order everyone to mediation. Assets have been depleted so there is less to argue about. A trained mediator swoops in and settles the case. It timing is right the mediator is considered a savior. A lot of it is excellent timing by the attorneys and the court.

    So...if you and your husband don't have much to argue about in your divorce then in all likelihood the two attorneys will quickly negotiate everything quickly and easily. Mediation won't be necessary. Just hire an attorney to make sure that your requests are covered and that the paperwork is prepared properly. Let your husband know that you are hiring an attorney/mediator that will help you negotiate a fair and equitable settlement quickly since his attorney has not communicated with you clearly and honestly. Let him know that you don't want to fight - just protect yourself.

    This website has lots of attorney/mediators available that would love to assist you in a quick settlement.

    Good luck.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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