Texas Affidavit (MSA Ddivorceivorce- No Childdren)
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FAQ
In conclusion, the wife in a divorce case in Texas is entitled to an equal division of the community property, spousal support, and a portion of her husband's retirement benefits. Additionally, she may also be entitled to a fair and reasonable custody arrangement for any children from the marriage.
A spouse can waive their right to be personally served with a copy of the divorce lawsuit by signing a Waiver of Service. They do this by signing the waiver of service in the presence of a notary, notarized, and then filing it with the court.
This means that we will not be having a constable or private process server take the petition and citation and hand it to the person. Instead, the opposing party is acknowledging receipt of the petition, providing up-to-date contact information for the court, and saying that he does not need to be served.
From a legal standpoint, signing a waiver means you voluntarily enter a lawsuit without requiring the opposing party to serve you with a summons and petition. Never give up a right without advice of legal counsel.
You must file your petition for divorce before you can submit a waiver of service to your spouse. By filing a signed Specific or Global waiver with the court, the respondent acknowledges receipt of the petition for divorce and waives the right to be formally served with divorce papers.
Ing to the Texas Young Lawyer's Pro Se Divorce Handbook PDF, a "prove-up" is a short hearing in an uncontested divorce. At the prove-up, "you appear before the judge and give evidence and testimony as to the terms of your divorce."
In addition, the parties must sign a divorce waiver of final hearing, which tells the court that both parties are aware that they have a right to have the judge decide any contested issues, but they have elected to waive that right because they have reached a mutually satisfactory agreement.
There are only two exceptions to the 60-day waiting period. Both exceptions involve family violence. The 60-day waiting period is waived: If your spouse has been convicted of or received deferred adjudication for family violence against you or a member of your household.