Legal Question in Family Law in Texas
I filed for divorce July 30th and sent my husband a copy of the petition and waiver of service (since he said in the past he would sign it) on July 31st. He signed for the papers on August 2nd: I had them sent certified mail, return receipt requested with restricted delivery. He hasn't sent the waiver of service back as of today so do I need to have him served by a process server or can I just file the green card with his signature with the court and proceed with my divorce?
1 Answer from Attorneys
He has to be served with process (citation plus petition) and proper records of service of process have to be filed with the court OR the waiver of service has to be filed. It isn't enough that he received the waiver of service. Until a valid of waiver of service is signed and filed with the court, he is still entitled to service of process.
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