If you are planning to get divorced in Texas, you might have noticed that one option you have is a waiver divorce. This occurs when you sign a document called a waiver of service, which states that you are waiving your right to be served legal documents by a process server.
Keep in mind that signing this document won’t stop your spouse from filing for divorce, but it will prevent you from being formally served with divorce papers. So, what does that mean for you, and is this the right option for your case? Read the basics on the waiver divorce process, and then ask your divorce lawyer if this is right for you.
What Are the Reasons to Agree to a Waiver Divorce?
Agreeing to a waiver divorce is simple. You sign the waiver in front of a notary and then file the paperwork with the local court. But you should only sign this document if it would benefit you to do so, as you are not required to.
If you are wondering why someone would agree to a waiver divorce, one reason is that they do not want to be served by a process server. This can be embarrassing when it occurs in public, so some people want to avoid this.
Another reason you might want a waiver divorce is if you and your spouse have talked and already agree on the divorce terms. If you’re expecting an amicable divorce, you might feel comfortable waiving certain steps in the process, such as being formally served. Be sure to talk to your lawyer before you decide if this is the right choice.
Are There Any Disadvantages of This Decision?
A waiver divorce is not the right option for everyone in Texas. There are some drawbacks to consider before you sign. The main disadvantage is that there’s a chance you are signing away more than just the right to be formally served.
For example, it’s possible the document you’re signing also states that you don’t need to be alerted about court dates and other deadlines, which could jeopardize your rights in the divorce. In addition, the document could contain other statements that you don’t realize you agree to. So, it’s best to show the document to your lawyer before you sign it.
Should You Sign a Waiver of Service?
Getting a waiver divorce could be right for you, but you won’t know until you talk about the pros and cons with your divorce attorney. Your lawyer should look over the document carefully to ensure you are not giving up any rights other than the right to be formally served.
If you do not have a Texas divorce lawyer yet, call our Bedford law firm today at (817) 813-8513. We’ll be happy to advise you as you work through legally ending your marriage.