Legal Question in Family Law in Texas
My husband has filed for divorce, but has not yet served me papers because I was originally going to file a wavier. However, I do not want to give up my rights to notification. We have agreed on the terms of the divorce (financially). Can I file an answer without being "served" with papers, and if we have an agreement, do you recommend filing answer or wavier?
1 Answer from Attorneys
It's relatively easy to file a simple general denial answer. Once you do that, you have "made an appearance," and it is no longer necessary for anybody to get you served. You are considered to be "before the Court."
This has nothing to do with whether or not you make an agreement. If you sign a waiver, if you file a general denial, if you file a counterpetition, if you pay a jury fee, you are still free to enter into any kind of final settlement agreement that you want to.
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