What is a waiver?
In Texas, after you file a divorce case, you have to notify the other party and provide him/her with a copy of the Original Petition for Divorce. A waiver can be delivered by the party filing for a divorce, a Sheriff/Constable, or a private process server. The delivery method depends on whether the divorce case is uncontested or contested.
If the other party agrees to accept the divorce petition, s/he will sign a waiver notifying the court that s/he agrees to get divorce.
There are two types of waivers. A specific waiver only waives the right to be formally served with divorce papers. Whereas, a global waiver waives the right to be formally served with divorce papers and waives the right to be further notified about the case.
In general, we do not recommend global waivers. If a global waiver is signed, one party can complete the divorce without notifying the other party.
It is often difficult to determine if a waiver is specific or global. This is because the title of the waiver is usually stated as “Waiver of Service”. For this reason, it is important to retain an attorney before you sign a waiver.
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