Legal Question in Family Law in Texas
Waiver Of Service
Via Mail I received from my spouse's attorney a Petition for Divorce along with Waiver of Service legal form. Do I have 60 days in which to respond to the petition for divorce or 30 days. I have not found a Lawyer to represent me yet. I'm not sure what the Waiver of Service legal form is for. I certainly donot want to Waive my rights to have Legal Representation in my response to my spouse's Petition for Divorce. The Petition for Divorce and Waiver of Service Forms were received by me on May 27th 2004. I donot want to waste any more time or sign anything I donot fully understand before finding an attorney. Thank you for your time in reading and responding to my questions. Greatly apprecitated.
1 Answer from Attorneys
Re: Waiver Of Service
1. If you sign the Waiver, then you "waive" your rights. It basically means that the court can proceed without any further notice to you. You need to carefully read the Waiver since there are many different versions of the document.
2. If you want to be involved in the lawsuit, you need to file an "Answer" with the court and send a copy to his attorney, as soon as possible.
3. A divorce must be on file for at least 60 days. I assume that is where you got the 60-day question.
4. I assume that the attorney's letter said that if you did not return the Waiver within 30 days he would serve you.
An "answer" is available at any law library or you can go to the courthouse and see if they have any forms that you can fill in and file at the courthouse. It costs nothing to file an answer.
There are also websites that have legal forms for sale. I don't know if these are any good.
Good luck!
Fran Brochstein
www.familylaw4u.com
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