How Do I Serve Divorce Papers in Texas?

 Posted on May 06, 2024 in Divorce

Serving divorce papers in Texas is done when you initiate a divorce. Texas law surrounding serving papers must be followed for your spouse to be legally notified that a divorce has been filed against her or him. Working with a Texas divorce lawyer to file your divorce is essential for understanding when and how to serve divorce papers in Texas.

Understanding Texas Service of Process Rules

The term “service” is a shortened version of “service of process,” which is the legal notice that must be provided to someone else if he or she is involved in a lawsuit with you. A divorce is a type of lawsuit, so you will need to ensure that your spouse receives proper service of process notifying them that a divorce has been initiated.

The Texas Rules of Civil Procedure set the rules for service of process in divorce cases. According to these rules, you cannot serve your spouse divorce papers by yourself. You will need to hire a third party, such as a sheriff or a professional process server, to deliver the divorce notice for you.

Alternatively, you are able to use certified mail to deliver a copy of the divorce notice to your spouse, as long as you request a return receipt. When your spouse receives the divorce notice, she or he will have the opportunity to respond to your divorce notice accordingly.

Do I Need to Serve Papers in an Uncontested Divorce?

Uncontested divorces are divorces where spouses are in agreement about the divorce. In a divorce like this, it is typical for both parties to want to start the divorce process and end it as quickly as possible. In this case, your spouse can file a Waiver of Service form and have it notarized to eliminate the need for service to take place in your divorce. An experienced divorce attorney can help guide you through this process if you wish to skip the service of the process.

Contact an Austin, TX Divorce Lawyer

The process of divorce can be stressful, and you will no doubt want to notify your soon-to-be ex-spouse that a divorce has been filed so you can conclude your divorce rapidly. A knowledgeable Travis County, TX divorce attorney is essential to have on your side to advocate for your rights during the divorce process aggressively.

At Powers Kerr & Rashidi, PLLC, our attorneys are experienced with contested and high-asset divorces. We will work to help you reach the best possible outcome in your divorce. Call 512-610-6199 for a consultation.