Uncontested divorce and waiver of service in Tarrant County and Dallas County, Texas

In an uncontested divorce in Fort Worth or Dallas it makes very little sense to spend the $80 to serve the respondent in a divorce suit where the respondent knows the divorce is coming and is not going to contest the terms of the divorce. The Texas Rules of Civil Procedure, however, require a petitioner (or plaintiff) to a lawsuit, such as a divorce suit, to serve process on a respondent (or defendant). That allows the respondent/defendant to learn about the suit and respond to the allegations in the petition.

In the alternative, the rules permit the responding party to file a waiver of service waiving the service requirement. In an uncontested divorce, it makes sense to ask the respondent to complete the waiver to avoid wasting money. Its completion is usually a sign of good faith that the parties are cooperating towards an agreed divorce decree.

Waiver of service in a Fort Worth uncontested divorce or Dallas uncontested divorce

A waiver of service can include a waiver of several other issues beyond waiver of service of the petition. Generally¬†the waiver of service allows¬†the judge to sign a divorce decree without the respondent’s signature or presence. This allows the petitioner to take an agreed divorce decree to a prove up hearing without the respondent’s presence. That makes the uncontested divorce process very easy.

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