I'm filing for divorce in Texas, and have a form called the Certificate of Service. What is this for?

Asked 9 months ago - Harlingen, TX

I have filed the Original Petition for Divorce, as well as my spouse's notarized Waiver of Service. I have 3 more forms that I have no yet filed: 1) Notice Setting Hearing, 2) Petitioner's Motion to Set Hearing, and 3) Certificate of Service. I have filled out the first two, but I don't quite understand what the 3rd form is for.

Attorney answers (3)

  1. Dorothea Elaine Laster

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . A certificate of service is rarely a separate document. It is required to be on the last page of any motion (other than the original petition or contempt motion) filed with the court or discovery request served on the other party. The fact that you asked this suggests strongly that you need representation.

    This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas... more
  2. Maria Sara Lowry

    Contributor Level 20

    2

    Lawyers agree

    Answered . As Ms. Laster notes, the whole of your question indicates that you should hire an attorney.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  3. Thomas James Daley

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You don't need any of those forms. If you and your spouse are in agreement as to the terms of the divorce, you need to do this:

    1. File Original Petition for Divorce (you've done that)
    2. File his Waiver of Service (you've done that, too)
    3. Draft an Agreed Final Decree of Divorce
    4. Both of you sign the Agreed Final Decree
    5. Fill in form we call an "Austin Form". It's a Bureau of Vital Statistics form.
    6. Wait 60 days from the date you did #1 above.
    7. On the 61st day (or as soon thereafter as you can), take the original PLUS two copies of the Agreed Final Decree of Divorce to the courthouse at 8:00 a.m. and let the bailiff know you want to "prove up an agreed divorce." The bailiff will guide you from there.

    Good luck!!

Related Topics

Divorce

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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