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When is it safe to sign a Waiver of Service form?

Houston, TX |
Filed under: Divorce

My husband and I has agreed to get a divorce with the services of a paralegal. We are not contesting any property. Only agreed to him paying child support. He has given m e the divorce papers, including a Waiver of Service form. In the middle it states that I do not waive any rights to our property and conservatorship. However at the end it states that I do waive all rights, priviledges, and exemptions regarding the case. This seems contradicting. Is that normal.

Attorney Answers 4


A paralegal who performs these services without the supervision of an attorney would be committing unauthorized practice of law. It looks like the paralegal isn't working with an attorney, since the waiver is junked up. To do this the right way, contact an attorney who does uncontested divorces. For a free initial consultation, feel free to call my office at (888) 404-0777.

The information provided by this attorney is for general guidance only, and is not to be considered as advice specific to any particular person, legal matter, or case. For specific advice regarding any legal question or matter, you are encouraged to consult a qualified attorney in the appropriate jurisdiction. If you wish to consult with Mr. Little regarding your legal matter, you may contact him at (888) 404-0777.

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I agree with the other attorney - the paralegal is committing a felony & if the judge finds out, the judge will turn the paralegal over to the District Attorney's office. One Harris County judge enjoys doing this to paralegals since most cannot prepare paperwork properly & they get caught regularly practicing law without a license in Harris County.

Obviously, the paralegal does not know what he/she is doing so buyer beware. It does not sound like an attorney reviewed this paperwork which is what is required if the paralegal is claiming to "work under an attorney's supervision". The attorney is basically signing off on this paralegal's work. So ask the paralegal for the attorney's name & then check the lawyer out on the State Bar of Texas website to make sure this attorney is a licensed attorney in the State of Texas & is not disbarred.

It is obviously that you have minor children. I highly recommend that you have an attorney review your documents since modifying these documents later puts the burden on YOU to show why these documents should be changed since you agreed with them now.

Look on this website for an competent attorney to help you.

You are being cheap now & it might cost your thousands later to fix the mess that you are creating by trying to do this divorce cheap now. Buyer beware.

I don't do my own dental work. I go to a professional.
I don't do my own car repairs. I go to a mechanic.
When my own mother died, I hired a probate lawyer since I don't handle probate law.
I'm an attorney & I would not try to handle an area of the law that I don't know.

You obviously have no idea what a waiver of service form is & now you've hired an unlicensed person to help you -- it sounds like you are just aiming at a target blind-folded and hoping to hit the mark.

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You need to have an attorney review this documents, not a paralegal. You should never sign a waiver of divorce unless you are fully aware of the consequences of signing a waiver and what legal options are available. A paralegal is not an attorney and can not provide you with legal advice. I provide legal representation for individuals needing an uncontested divorce. Please feel free to contact me at (832) 387-4394, should you need further legal assistance in this matter.

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This kind of language is not uncommon in documents from legal form books. I have even seen them that allow the petitioner to proceed without further notice to or participation by the respondent.

If you are not comfortable with the language, do not sign it. You are also free to change the language if you like.

Nonetheless, whatever you sign can waive important substantive rights and procedural protections, and may very well be binding on you. If you are unsure, consult any attorney.

The answers provided here are merely general in nature and may not apply to every situation. They do not represent and not not constitute specific legal advise or recommendations because the advise or recommendation could change based on sprecific factual situations and/or recognized exceptions to general legal principals. An attorney should be consulted regarding the specifics of a particular case before any action is taken or not taken.

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