In Harris county will it be a problem to file original uncontested divorce AND signed notorized waiver of service at same time

Asked over 2 years ago - Houston, TX

I've heard you can not file them both at the same time. What's the problem with that?

Attorney answers (2)

  1. Fran Brochstein

    Contributor Level 18

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    Answered . 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.

    Good luck!

  2. Brian Randolph Moore

    Pro

    Contributor Level 5

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    Answered . 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... more

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.

Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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