![]() This method involves a sheriff, constable, private process server, or court clerk delivering the divorce papers by hand to your spouse in person. This just avoids the cost of formal service of divorce papers by an outside entity if the divorce is uncontested. It does not take away the respondent spouse’s right to file an answer or to be notified of developments as the divorce proceeds. This must be a voluntary action by your spouse. A form waiving personal service of divorce papers can be signed by your spouse in front of a notary and be filed with the court. If your divorce is considered uncontested, this may be the best option. There are multiple other methods, however, by which you can serve divorce papers on your spouse in Texas, including: 1. Your divorce attorney will also advise you that in Texas you are not allowed to serve your spouse with divorce papers yourself. Your divorce attorney will know the correct forms and pleadings to fill out and file before proceeding with serving your spouse with divorce papers. If there are children involved, disputes over property, or if there are other extenuating circumstances, there may be other paperwork you are required to fill out. This includes the citation, divorce petition, and any other forms you and your divorce attorney have filled out as part of your initial petition. If the divorce papers are not served properly, the divorce process may be delayed or stopped altogether.įirst, you must have all initial legal paperwork completed before starting the process of serving your spouse. Following these rules is essential to keeping your divorce moving forward. Texas has specific rules about how to serve someone with divorce papers. Giving your spouse the divorce papers in the correct way will make the entire process smoother and will reduce confusion. This includes telling your spouse the grounds, or reasoning, for the divorce. Your spouse must receive notice that you have filed for divorce (service of process) and what exactly you want in the divorce. Getting divorced is a legal process that involves having to tell the person you are divorcing what you want and why, as well as giving them an opportunity to respond. When starting the divorce process, you may have heard the phrase “serving your spouse” with divorce papers.
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