LEGAL GUIDE
Written by attorney Michael Glynn Busby Jr. | May 9, 2013

Waiver Divorce In Harris County Texas

If you think you may have a deal with your spouse on the divorce, then you would want them to sign a waiver of service. To serve someone with process starts at $60 and go run into several thousands dollars in their are in a foreign country. The form of the waiver is below. The waiver is no good if you sign before the case is filed. You must insert the cause number in the waiver for it to be good. My firm usually will encourage the opposing party to sign the final order, this is not necessary if they sign a global waiver. If the spouse signs the waiver, this does not always mean you have an uncontested divorce, it just means you save money on the service unless it is a globally waiver of all of their rights. The Waiver Divorce Houston form is below:

NO.

IN THE MATTER OF

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IN THE DISTRICT COURT THE MARRIAGE OF

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JUDICIAL DISTRICT

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HARRIS COUNTY, TEXAS

WAIVER OF SERVICE

________________ appeared in person before me today and stated under oath:

“I, _____________________, am the person named as Respondent in this case.

“I acknowledge that I have been provided a copy of the Original Petition for Divorce and Agreed Final Decree of Divorce filed in this case. I have read and understand the contents of that document.

“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation.

“I enter my appearance in this case for all purposes.

“I waive the making of a record of testimony in this case.

“I agree that this case may be taken up and considered by the Court without further notice to me.

“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.

“I request the Court not to enter any orders or judgment not signed by me or without my receiving prior written notice of the date, time, and place of any proceedings.

“I understand that I have a duty to notify the attorney for Petitioner if I change my address. I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.

“I further state that the following information is correct and that my-

Mailing address is: ___________________________

Telephone number is: _______________________

Social Security number is: ______________________________

Texas driver’s license number is: _________________________

“I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding."

SIGNED under oath before me on

Notary Public, State of Texas

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