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Revoking a waiver of service

Wichita Falls, TX |

I signed a waiver of service in my divorce, and I'm now regretting that decision. How would I go about revoking that waiver and filing an answer.

Attorney Answers 2


What was in the waiver that you want to revoke? All a waiver really says is that you acknowledge that a divorce action has been filed--it does not mean that you agree to it. The standard waiver that family lawyers issue in Texas does contain a sentence that says you waive further notice and that the suit can continue without you. If that is in there, you probably need to take some action.

File an answer and in your answer demand that you be given notice of any hearings or deadlines in the case and explicitly say that you revoke your waiver of further notice.

The waiver is not supposed to be a "gotcha" in litigation--it's just supposed to save time and money.

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In my experience I have seen waivers of service agreeing to all sorts of things (ie: agreeing to custody). You probably should consult an attorney in your area.

I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.


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