How Do You Serve Divorce Papers in Texas?
The term “serving papers” refers to showing filed court documents to the other party involved. You might think, “Can’t they just be put in the mail?” Well, the law has very specific requirements for how divorce papers must be shown to the opposing party. Many people do not realize they are getting divorced or being sued until someone shares the papers with them. Additionally, there are always strict deadlines for when people need to respond to legal papers, so it is imperative that the documents arrive in a timely manner and that the recipient is aware of their arrival.
What Papers Must be “Served” in a Divorce
Not every divorce document must be hand delivered to your spouse or your spouse’s lawyer. Some documents are just for the court, for example. As far as the start of a Texas divorce is concerned, your spouse must be served a court-stamped copy of the Original Petition for Divorce. This stamped copy was given to you by the court when you made the initial filing and paid the filing fee. Your spouse must also be served with a citation document from the court, which is simply the government’s way of notifying you that a divorce has been filed against you. This document will also be given to you by the court clerk at the time of the filing.
Important Process Serving Rules in Texas
In Texas, you are not allowed to serve your spouse divorce papers. The law requires that a third person handles that. There are professional companies who you can pay to serve the documents on your spouse and ensure it is done legally. The process server charges a fee and will sign a “receipt” you can show the court verifying that your spouse was “professionally” served.
To learn more, read Texas Rules of Civil Procedure, Rule 106(a). If you are working with a Ft. Worth divorce lawyer, your legal team will handle this all for you.
Process service by publication, certified mail with return receipt, and getting a court order are other options your divorce lawyer can go over with you if these alternatives fit your situation.
Uncontested Divorces
There is no need to “serve” your spouse with the divorce papers if you have agreed on everything and are approaching the divorce as a unified team. If the desire to divorce is mutual and the two of you have already worked out the property and child custody issues, process service is not necessary. Simply have your spouse sign either the Waiver of Service (must be notarized) or the Respondent’s Original Answer and service of process can be waived. If your spouse is unwilling to sign one of these documents, you indeed will need to serve them with the papers.
Our Southlake Divorce Attorneys Can Help!
Let our Southlake divorce attorneys take the burden of this legal minutiae off your shoulders for you. At Mims Ballew Hollingsworth, we handle all the details, so you don’t need to worry about things like serving papers. Contact us to schedule a no-obligation legal consultation today.
Fort Worth, TX Divorce & Family Lawyers
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
