Legal Question in Family Law in Texas
I filed for divorce, my husband filed a waiver of service. That means he has waived his rights to any say in the divorce case, correct? Does this mean that I can write whatever I choose to in the divorce decree? And also, will he have to sign it? And when I call to schedule my divorce hearing, do I file the papers with the district clerk right after the judge hears the case and signs the papers, and then the divorce is final, correct? and how do i ask for alimony?
2 Answers from Attorneys
No, a waiver of service just means that he is acknowledging receipt of the original petition for divorce, so that you will not need to have him served with papers. Typically, this is used in an uncontested divorce, where you have both agreed on all of the issues and plan to sign the agreed final decree of divorce prior to the hearing, with only one of you appearing in court.
He has not waived his "rights to any say in the divorce case" - you still have to get him to sign the final divorce decree (and marital settlement agreement disposing of property), which he is under no obligation to do. Without those signed documents, the court will not grant you an uncontested divorce.
If you want spousal support, you will have to include this in the final divorce decree (and get your husband to agree to it). Your husband can still decide to file an answer at any time, and appear in court to contest the divorce if you are unable to agree on the terms of the divorce and property division.
Your divorce will be final as soon as the judge signs the final decree of divorce - the court will file a copy with the district clerk.
Great answer Attorney Perez.
Remember, he can cancel his Waiver at any time & contest this divorce.
Also, if your husband decides he does not like your Final Decree, he has 30 days after the judge signs the Decree to come back to court and complain about it & ask the judge to throw out your Decree & let him submit a totally new one. Then it's up to the judge to decide to throw out your Decree and let you guys start all over again! So...be careful how you word your Decree! (I've seen this happen!)