I've heard you can not file them both at the same time. What's the problem with that?
The waiver of service must be dated AFTER the petition for divorce was filed with the court.
Why? Because you cannot give up your rights until a lawsuit has been filed at the courthouse.
You cannot give up your rights BEFORE a lawsuit has been filed.
If the waiver of service is dated before the petition is "stamped" by the clerk at the courthouse it is not valid and will not be accepted by the judge.
In summary, it is not worth the paper it is written on.
So...have the other spouse sign a new Waiver of Service sign in front of a notary and it will be dated AFTER the Petition for Divorce has been "filed stamped" after the Petition for Divorce has been filed at the Courthouse. Done! Perfect! Everyone is happy, happy!
Now, if the spouse won't do cooperate, you will need to serve him/her with the Petition for Divorce and a third party needs to serve the papers and file the notification at the courthouse with the Judge. You cannot serve your spouse or have friend do the "service". The "service" must be done an exact way & you need an "expert" to do it right. If the person does not do "anything' you can proceed with a "default divorce" -- especially if you do not have minor children. So hire an attorney to assist you in doing this.
If you need a referral, look on my website for 2 excellent attorneys that can help you at a reasonable price. (www.familylaw4u.com) I am only mediating these days and I will not accept new cases.
Divorce / Separation Lawyer
i am not sure about TX law but in VA the complaint has to be filed first because the waiver form contains an acknowledgement that the person waiving service has received a copy of the complaint filed on x date or copy of the summons with the complaint filed on x date. A complaint is not filed until the clerk has stamped it as filed. Thus, it is impossible to file the complaint and waiver at the same time because it is impossible for the party waiving to have received a copy of the filed complaint before it was 'filed'.
The information provided is intended as a public service. It is presented for general informational purposes only and is NOT and shall not be considered “legal advice” for any purpose or under any circumstances. The fact that information is being provided shall not be construed as a providing legal advice or as establishing legal representation or an attorney-client relationship between any person or entity and an attorney for the law firm of Phillips, Morrison, Johnson & Ferrell. An attorney-client relationship with any attorney for the law firm Phillips, Morrison, Johnson & Ferrell may only be established by a formal retainer agreement and acknowledgement of representation in a writing signed by the retained attorney. As such, please be advised that no information or communications you share online or send to us is confidential or protected by the attorney-client relationship. There is no warranty or guarantee of the accuracy, completeness, or reliability of information contained herein or at other sites linked to any information contained herein or otherwise provided. Legal advice must be tailored to the specific facts and circumstances of your case and information cannot substitute for the advice of competent legal counsel. If you need or want legal advice, please consult a lawyer who is licensed to practice law in your area. I am a licensed Virginia attorney and I do not seek or solicit clients outside the state of Virginia. In no case should online readers rely or act upon the information or materials provided without seeking professional counsel.