What is a Waiver of Service?

A Waiver of Service is a document that may be presented to you at the beginning of a Divorce case. If agreed to and signed, the most common Waiver of Service removes the need for a private process server to present you or your spouse with the Original Petition for Divorce.

If you decline to sign the Waiver of Service your spouse will be required to have you "served" with the document-- in other words, presented with the document by some other method. The most common form of service is through a private process server or constable who will hand deliver the document to you at your residence or work.

It is important that you receive not only the Waiver of Service, but also a corresponding document that you would otherwise be served with. You will want to read the language contained in the Waiver of Service very carefully. Although the most common Waiver of Service will only waive your right to receive documents via hand delivery, the Waiver of Service may be drafted in such a way that you waive your right to receive other important information in the future. When in doubt, consult an attorney to find out whether you have the type of Waiver of Service you would like to sign.

One last consideration is that you are under no obligation whatsoever to sign a Waiver of Service. One reason you may consider signing a Waiver of Service is that it can speed up the divorce process by a number of days and also save the community estate the cost and expense associated with paying a private process server.

If you have specific questions about a Waiver of Service you have received contact one of our attorneys at:

www.divorcelawyersaustintx.com