Monday, January 30, 2017

Texas and Waiver of Service

In Texas in a divorce a person can sign a legal document and have it notarized so they are not served.  It's called "Waiver of Service".

There are at least 2 types:
1. You let the judge know that the judge can go forward and finish the divorce without any more input from you.


2. You want to sign the Final Decree of Divorce or be notified of all future hearings.

Wow! These are very different forms.

Quite frankly, I have modified them many times so there is no one type of Waiver of Service in Texas.

If you sign Waiver #1 then the other party can pretty much put anything they want in the Final Decree --

such as...

for kids --
Sole Managing Conservatorship of the children
no visits or supervised visits
any amount of child support

for property --
the other party get everything and you get nothing
you owe the other party $$

So I don't like Waiver of Service #1 since it's so potentially powerful and dangerous.

I always recommend that a party in a divorce (especially with kids or property) meet with a lawyer and talk about their case.

If you don't meet with an attorney then you have 30 days AFTER the judge signs the Decree to ask for a new trial.  After that, generally the court loses jurisdiction and the case is over and final.

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