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The Waiver Service form plays a crucial role in the divorce process, ensuring that both parties have a clear understanding of their rights and responsibilities under Texas law. The form requires the petitioner to accurately enter details such as the cause number and the names of both spouses involved in the divorce. Notably, it emphasizes the importance of filling out all sections completely and correctly, especially the mailing address, to facilitate proper communication throughout the legal proceedings. The instructions included in the form help the respondent navigate the process with caution—it's vital not to sign the document until at least one day after the Original Petition for Divorce is filed. This ensures the validity of the waiver. The form also contains warnings, urging parties to seek legal advice to safeguard their interests, especially if domestic violence is a concern. In addition to the technical requirements, the Waiver Service form outlines the consequences of signing it, including the relinquishment of the right to formal legal notification of hearings. Furthermore, it addresses military status and name change requests, illustrating the form's ability to adapt to individual circumstances. Proper completion and submission of this document can streamline the divorce process while protecting one’s legal rights.

Waiver Service Example

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

Cause Number:

Print court information exactly as it appears on the Original Petition for Divorce.

IN THE MATTER OF THE MARRIAGE OF

In the ______________

 

 

Petitioner:

(Court Number)

 

 

Print first, middle and last name of the spouse filing for divorce.

District Court

 

 

 

And

County Court at Law

Respondent:

County, Texas

Print first, middle and last name of other spouse.

AND IN THE INTEREST OF: (List all children you and your spouse have together who are under 18 or still in high school.)

1._________________________ 2. _________________________ 3. _________________________

4._________________________ 5. _________________________ 6. _________________________

Waiver of Service Only (Specific Waiver)

WARNING to Respondent: Without the advice and help of an attorney, you may be putting yourself, your property and your money at risk. For a referral to an attorney, or if you are poor to the nearest Legal Aid Office, call the State Bar of Texas Lawyer Referral Information Service at 1-800-252-9690.

If you are a victim of domestic violence, or if at any time you feel unsafe, you can get confidential help from the National Domestic Violence Hotline at 1-800-799-7233 or legal help from the Texas Advocacy Project Family Violence Legal Line at 1-800-374-4673.

INSTRUCTIONS to Respondent: If you decide to use this form:

Do not sign it until at least one day after the Original Petition for Divorce has been filed (turned in to the court). If you sign this form before then, you will have to redo it. Your spouse should have given you a copy of the Original Petition for Divorce. The official court stamp on your copy will tell you when it was filed.

Fill out this form completely. You MUST include your mailing address.

Sign this form in front of a notary. Do not sign until you are standing in front of the notary.

File (turn in) the original signed form to the court where your spouse filed the Original Petition for Divorce. Keep a copy for your records. Give a copy to your spouse.

Get additional information about divorce at www.TexasLawHelp.org.

The person who signed this affidavit appeared, in person, before me, the undersigned notary, and stated under oath:

“I am the Respondent in this case.

“My name is: ________________________________________________________________________.

FirstMiddleLast

“My mailing address is: ________________________________________________________________.

Mailing AddressCityStateZip

“My phone number is: (_________) __________-___________________.

“My email address is: _________________________________________________________________.

“My fax number (if available) is: _________________________________________________________.

“The last three numbers of my driver’s license number are: ___ ___

___. My driver’s license was

issued in (State): ________________________.

 

Or I do not have a driver’s license number.

 

FM-DivB-103 Waiver of Service Only (Specific Waiver) [SET B] (Rev. 09-2015)

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“The last three numbers of my social security number are: ___ ___ ___. Or I do not have a social security number.

“I have been given a copy of the Original Petition for Divorce filed in this case. I have read the Original Petition for Divorce and understand what it says. I do not give up my right to review a different Petition for Divorce if it gets changed (amended).

“I understand that I have the right to be given a copy of the Original Petition for Divorce by a constable, sheriff or other official process server (legal notice). I do not want to be given legal notice. I give up my right to legal notice.

“I ask that the Court not enter any orders in this case unless the order is signed by me or unless I have received prior written notice of the date, time, and place of hearing.

“If I reach an agreement and sign a Final Decree of Divorce, the court can enter the Decree without me being present and without giving me notice. If I sign an agreed Final Decree of Divorce, I do not want a court reporter to make a record of the testimony.

“I understand that by signing this form I am entering an appearance in this case. I agree that a Judge or Associate Judge in the county and state where this case is filed may make decisions about my divorce, even if the divorce should have been filed in another county.

I understand that I must let the Court and my spouse’s attorney (or my spouse if s/he is not represented by an attorney) know in writing if my mailing address or email address changes during this case. If I don’t, then I understand that any notices about this case will be sent to me at the mailing address or email address on this form.

Military Status (Check one box.)

I am not in the military.

I am in the military. I agree to the provisions stated above and I waive only the rights, privileges, and exemptions I have under the Servicemember’s Civil Relief Act that are contrary to those provisions.

Name Change (Check one box.)

I am NOT asking the court to change my name.

I ask the Court to change my name back to a name I used before my marriage. I am not asking the court to change my name to avoid criminal prosecution or creditors.”

_________________________________________________________________________________________

First

Middle

Last

-------

Signature of Respondent (Do NOT sign until you are in front of a notary.)

Notary fills out below.

State of

(Print name of state where this Affidavit is notarized)

County of

(Print the name of the county where this Affidavit is notarized)

----

Date

Sworn to and subscribed before me, the undersigned notary, on this date:

 

/

/

at

 

a.m./p.m.

Month

day

year

 

 

 

 

 

time

 

circle one

 

 

 

by

(Print name of person who is signing this Affidavit. NOT the notary’s name.)

[Notary Stamps Here ]

 

 

Notary’s----Signature

 

FM-DivB-103 Waiver of Service Only (Specific Waiver) [SET B] (Rev. 09-2015)

 

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Form Characteristics

Fact Name Detail
Purpose of the Form The Waiver of Service form allows a spouse to waive their right to be formally served with divorce papers, simplifying the divorce process.
Filing Requirement This form should not be signed until at least one day after the Original Petition for Divorce has been filed with the court.
Legal Advice Warning The form includes a warning that respondents may be jeopardizing their rights without legal counsel.
Governing Law The Waiver of Service form is governed by Texas Family Code § 6.401 related to divorce proceedings.
Submission Process After signing in front of a notary, the completed form must be filed with the court where the Original Petition for Divorce was submitted.

Guidelines on Utilizing Waiver Service

Please follow these steps to correctly complete the Waiver Service form. It's crucial to ensure every detail is filled out accurately to avoid complications later in the process.

  1. Obtain the Original Petition for Divorce. Make sure you have a copy of the Original Petition for Divorce and verify the court information is correct.
  2. Fill out 'Cause Number'. Enter the court information as it appears on the Original Petition for Divorce.
  3. Complete the Petitioner information. Print the first, middle, and last name of the spouse filing for divorce.
  4. Fill out the Respondent information. Print the first, middle, and last name of the other spouse.
  5. List all children. Write the names of all children under 18 or still in high school. Include all applicable spaces.
  6. Read the warning carefully. Understand the importance of seeking legal advice before signing.
  7. Sign the form in front of a notary. Do not sign it before your appointment with the notary.
  8. File the form. Turn in the original signed document to the court where the Original Petition for Divorce was filed. Keep a copy for your records and provide one to your spouse.
  9. Complete any additional required actions. If necessary, follow up on any next steps suggested for your divorce process.

What You Should Know About This Form

What is the Waiver Service form, and when should I use it?

The Waiver Service form is a legal document used in divorce proceedings. It allows a spouse (the Respondent) to waive the formal service of the Original Petition for Divorce. You should use this form if you have received a copy of the Original Petition and wish to avoid being formally served in court. This form shows the court that you acknowledge the divorce action and do not need formal legal notice.

What information is required to fill out the Waiver Service form?

You must provide your name, mailing address, phone number, email address, and relevant identification details, such as the last three digits of your driver’s license number and social security number. Make sure to include the names of any children you share with your spouse as well.

What happens if I sign the form before the Original Petition is filed?

If you sign the Waiver Service form before the Original Petition for Divorce has been filed, the form will not be valid. You will need to complete a new form after the petition is officially filed. Always check the official court stamp on your copy to know the filing date.

Do I need to have the Waiver Service form notarized?

Yes, you must sign the Waiver Service form in front of a notary public. Do not sign it until you are present with the notary. This requirement ensures that your signature is verified and that the document is legally enforceable.

How do I submit the Waiver Service form?

After signing the form in front of a notary, you must file the original signed document with the court where the Original Petition for Divorce was filed. It is essential to keep a copy for your records and provide a copy to your spouse.

What are the potential risks of filling out the Waiver Service form?

By signing this form without legal guidance, you may be putting your rights and property at risk. It is highly advisable to consult with an attorney before proceeding. If you are unable to afford legal assistance, contact the State Bar of Texas Lawyer Referral Information Service for help.

Can I change my mailing address after submitting the form?

Yes, you must inform the court and your spouse’s attorney, or your spouse directly if they are unrepresented, in writing. If you fail to do this, any notices about the case will still be sent to the address listed on the Waiver Service form.

What should I do if I feel unsafe during this process?

If you are a victim of domestic violence or feel unsafe at any time, it’s crucial to seek help. You can contact the National Domestic Violence Hotline at 1-800-799-7233 for confidential support, or call the Texas Advocacy Project Family Violence Legal Line at 1-800-374-4673 for legal assistance.

Is there an option for a name change in this form?

Yes, the form includes an option to request a name change back to a name you used before marriage. However, you must specify that you are not requesting a name change to evade criminal prosecution or creditors.

Common mistakes

Filling out the Waiver Service form can be a straightforward process, but mistakes can lead to delays or complications in your divorce proceedings. One common mistake is failing to provide complete and accurate court information. When filling out the Cause Number section, it is crucial to print the details exactly as they appear on the Original Petition for Divorce. Omitting even a single digit can cause confusion and result in the rejection of your document.

Another frequent error involves personal information. Individuals often neglect to list all children who are under 18 or still in high school in the designated section. This oversight can complicate matters related to child custody and support later on. Ensure you take the time to list each child’s full name to avoid any issues down the line.

Some respondents mistakenly sign the form too early. This not only invalidates the document but also requires it to be completed anew. It is essential to wait at least one day after the Original Petition for Divorce has been filed before signing the Waiver Service form. Being vigilant about the timing can save you from unnecessary extra work.

Many people also forget to provide their mailing address on the form. This piece of information is not optional. Without a valid mailing address, the court will not be able to send you important notices, which can have significant implications for your case.

Neglecting to file the original signed form with the correct court is another misunderstanding. Individuals often believe they can file it anywhere or may forget to do so altogether. You must turn in this signed form to the court where your spouse filed the Original Petition for Divorce to ensure all documents are appropriately aligned.

Moreover, many fail to understand the importance of having their signatures notarized. Some individuals sign the form before standing in front of a notary, which invalidates the document. Always ensure you are in the presence of the notary before signing.

Misunderstanding the implications of waiving legal notice can also lead to setbacks. By signing the form, you agree to forfeit your right to receive legal notice about the proceedings. Be fully aware of what this means for you and your involvement in the case.

In addition, a significant number of people overlook the need to inform the court and their spouse’s attorney of any changes to their address or email during the case. If you don’t communicate these changes, you risk missing crucial updates related to your divorce.

Lastly, many applicants do not check the military status box appropriately. It’s vital to indicate whether or not you are in the military, as this status can affect your legal rights and obligations under certain laws.

Documents used along the form

When navigating the divorce process in Texas, several forms accompany the Waiver Service form. Understanding these documents can help ensure that all necessary steps are taken efficiently and correctly. Below is a list of commonly used forms that complement the Waiver Service form in divorce cases.

  • Original Petition for Divorce: This document initiates the divorce process. In it, one spouse (the petitioner) states the grounds for divorce and requests specific relief from the court. This form lays the foundation for the entire divorce case.
  • Response to Petition: The respondent uses this form to formally reply to the Original Petition for Divorce. This document allows the respondent to contest the grounds for divorce or request additional requirements from the court.
  • Final Decree of Divorce: After negotiations and possible court hearings, this crucial document finalizes the divorce. It outlines the terms agreed upon by both parties, including child custody, division of property, and any additional financial responsibilities.
  • Financial Disclosure Statement: Each party must provide a detailed account of their financial situation. This document allows both parties and the court to understand income, expenses, assets, and debts, ensuring fair division during the divorce process.
  • Child Custody Order: If children are involved, this document specifies custody arrangements, visitation rights, and child support obligations. It aims to ensure that the best interests of the children are prioritized and maintained throughout the divorce.
  • Notification of Change of Address: If either spouse changes their mailing address during the divorce proceedings, this form must be filed to ensure that all legal correspondence is received promptly. Keeping the court and the other spouse informed of any address changes is crucial for smooth communication throughout the process.

Understanding these documents and their functions will make the divorce process more manageable and less stressful. It's always advisable to consult with a legal professional to ensure compliance with Texas law and to address any specific concerns related to your unique situation.

Similar forms

  • Original Petition for Divorce: This document initiates the divorce process. It outlines the wishes of the spouse seeking the divorce and includes all pertinent details such as the names of both parties and any children involved. Similar to the Waiver Service form, it contains essential information that must be accurate to ensure proper legal proceedings.
  • Answer to the Original Petition: This document is filed by the respondent to respond to the claims made in the Original Petition for Divorce. Like the Waiver Service form, it allows the respondent to communicate their stance on the divorce proceedings, indicating whether they agree with or contest the claims presented.
  • Motion for Temporary Orders: If there are immediate issues that need addressing during the divorce, such as child custody or support, this document is used. Both it and the Waiver Service form are crucial in ensuring that the court is aware of the parties' intentions and needs as they go through the process.
  • Final Decree of Divorce: Once the divorce is finalized, this document outlines the terms agreed upon by both parties. Similar to the Waiver Service form, it must be signed and filed with the court to become an official record, affirming the decisions made during divorce proceedings.
  • Child Custody Agreement: This document details the arrangements regarding the care and custody of any children involved in the divorce. Just like the Waiver Service form, it is essential for formalizing the agreements between the parties, ensuring the children’s welfare is prioritized.
  • Property Settlement Agreement: This document specifies how marital property will be divided between spouses. It is similar to the Waiver Service form as both are formal contracts that require signatures and detail the understanding between parties regarding their rights and obligations.
  • Notice of Hearing: This document informs parties involved in a divorce of upcoming court dates and hearings. Like the Waiver Service form, it is critical for ensuring that all parties are kept informed and can prepare adequately for any court-related matters.
  • Affidavit of Financial Disclosure: This document provides a financial overview of each party’s income and assets. Similar to the Waiver Service form, it is vital for transparency in the divorce process and allows for fair decision-making regarding financial obligations.

Dos and Don'ts

Do:

  • Print court information accurately as it appears on the Original Petition for Divorce.
  • Complete the form fully, ensuring to include your mailing address.
  • Sign the form only in the presence of a notary.
  • File the original signed form at the court where your spouse filed their petition.
  • Keep a copy of the form for your records and provide one to your spouse.

Don't:

  • Do not sign the form until at least one day after the Original Petition for Divorce is filed.
  • Avoid leaving any sections of the form blank.
  • Do not forget to notify the court and your spouse’s attorney if your address changes.
  • Do not sign if you feel uncomfortable or unsafe without legal advice.
  • Never disregard the warnings regarding legal rights and advice provided in the form.

Misconceptions

  • Misconception 1: The Waiver Service Form is optional. Many respondents believe that completing this form is not necessary. In reality, this form is crucial for formally waiving the need for legal notice regarding the divorce proceedings.
  • Misconception 2: You can sign the form anytime after the petition is filed. It's important to wait at least one day after the Original Petition for Divorce has been filed before signing the Waiver of Service form. Not adhering to this instruction means the form may need to be redone.
  • Misconception 3: The form does not need to be notarized. Some individuals think they can bypass the notary requirement. However, signing this form in front of a notary is mandatory to ensure its validity and legal standing.
  • Misconception 4: Legal advice is not necessary. Respondents might assume that they can handle the process without consulting an attorney. The form itself warns that proceeding without legal guidance can expose them and their assets to risks.
  • Misconception 5: You do not have to keep a copy of the form. People often forget that retaining a copy for personal records is essential. After filing the original signed form with the court, a copy should be kept for future reference and to share with the spouse.

Key takeaways

When filling out the Waiver Service form, it is crucial to pay close attention to detail. Here are key takeaways to keep in mind:

  • The form contains sensitive data. Handle it carefully to protect your personal information.
  • Ensure that you print the court information exactly as it appears on the Original Petition for Divorce.
  • Provide full names for both spouses involved in the divorce. This includes first, middle, and last names.
  • List all children under 18 or still in high school that you share with your spouse.
  • Do not sign the form until at least one day after the Original Petition for Divorce is filed.
  • Include your current mailing address; this is a mandatory part of the form.
  • Sign the form in front of a notary public. Do not sign it beforehand.
  • After signing, file the original document with the court where the divorce was filed. Keep a copy for yourself and give one to your spouse.
  • Consult TexasLawHelp.org for more information about the divorce process.
  • If you ever feel unsafe or are a victim of domestic violence, reach out for help immediately. Use the provided hotline numbers for support.