Legal Question in Family Law in Texas
Undecided about waiver
I have spoken to 3 lawyers concerning a Waiver of Citation (or Service), and I get similar answers but a couple of points vary from each one. My husband's lawyer is filing the petition next week and wants me to sign the waiver, which I understand means I won't get formally served, won't be notified of any hearing dates, and can't contest the divorce. What I seem to get differing answers about is whether or not a final decree signed by BOTH of us PRIOR to my signing the waiver is considered the end of negotiation and my husband can't change it after we've both signed it. I was told he can't change it by one lawyer (it would be fraud), then another said he could do whatever he wants even if it is signed. Also, I was told if I do sign a waiver, he could just go down to the court on any day he wants on the uncontested docket schedule and have the divorce finalized, without formally scheduling it with the court. Is this true?
1 Answer from Attorneys
Re: Undecided about waiver
Yes. If you sign everything then the divorce is considered uncontested. If you sign everything, there is nothing to fight over.
What you don't mention is -- what are you concerned about regarding the Final Decree of Divorce?
If you are concerned about division of property and assets, issues regarding children, or something similar, then I would strongly advice you to consult an attorney about what you need to do to protect yourself.
If you live in the Houston area, I offer a free phone consultation at 713-847-6000.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
