Put yourself in the following situation. You and your spouse have been experiencing problems in your marriage. At first, you chalked it up to a rough patch in your relationship. Every married couple goes through situations like this one, you figured. Arguments and not seeing eye to eye on issues ranging from the house to your children. These were everyday occurrences that you thought would dissipate given enough time. Unfortunately, that was not the case. Rather, the problems got worse. In short, your marriage found itself in a tough place.
Counseling was attempted. Both you and your wife attempted to put your best foot forward. It wasn’t something that you were overly comfortable with but you gave it your best effort. However, it ended up that the counseling did not fix the communication issues you all had been experiencing. What started as an inability to communicate was a complete lack of trust between you. That escalated into even more arguing. From there, the bottom fell out of your marriage.
So, when your wife came to you saying that she wanted a divorce it was no surprise. In a way, it was almost a relief. Now your worries have turned into reality. Now that you know what you are facing there are decisions to make. Your spouse has spoken to an attorney and has a plan. Here is what the plan sounds like.
Should you listen to your spouse’s plan?
Your spouse went ahead and met with an attorney. Her best friend went through a divorce a couple of years ago and so she decided to speak to that lawyer. She made some recommendations based on the circumstances of your family. It seemed like a good idea to consult with someone who has gone through a divorce before. You take the plan that your spouse talked to you about and you meet with the Law Office of Bryan Fagan. Our experienced family law attorneys take the time to speak to you about that plan.
Step one of the plan. Your spouse tells you that it is possible to get divorced in Texas for no particular reason. She calls this a “no-fault” divorce. After that, she assures you that it is possible to get divorced on a no-fault divorce in Texas. That you were not all that sure of so you speak to our office about that. Yes, our attorney tells you, it is possible to achieve a “no-fault” divorce in Texas. Most divorces are no fault in Texas.
A no-fault divorce in Texas attempts to help spouses divorce without pointing fingers. This is usually a more efficient and cost-effective way to divorce. That appeals to you since you don’t have a lot of money to spend on this case. If nothing else, you and your spouse are practical people. Attempting to capitalize on your predisposition towards practicality your spouse has another idea that catches your attention. Here is the next part of your spouse’s divorce plan as laid out for you.
The filing of an original petition to begin the divorce
All divorces in Texas begin the same way- with the filing of an Original Petition for Divorce. The Original Petition for Divorce. An Original Petition for Divorce is not a complex document. Rather, it presents a basic amount of information to the court. Who you are and who your spouse is. If you have minor children their basic information is provided, too. All of this is to introduce you to the court. Requests for relief are made to the court, too. It is not a complex document but there are rules associated with its drafting.
Your spouse tells you that she plans to file a divorce petition. That petition will not include a fault ground but will rather assert a no-fault divorce. Nobody is specifically to blame for the divorce, in other words. Rather, the two of you just could not make the marriage work for a variety of reasons. For that reason, you are moving towards a divorce and an end to the marriage. You agree with this idea and are so far not opposed to anything she is talking about.
However, the idea creeps into your mind that you do not know anything for certain when it comes to a divorce. After all, you work at a Dow Chemical Plant. You are plenty smart but not when it comes to divorces. Moreso when it comes to the running of a plant producing plastics. You’re not sure about this whole idea of the divorce petition. However, the attorney from the Law Office of Bryan Fagan says that everything so far seems above board. The divorce petition is a real thing. Nothing suspicious there.
Ok, you reason, that sounds fine. It’s the next step in the process that catches your attention.
Divorce made easy- but can it be trusted?
Here is where you start to have some real questions about this plan to get divorced. First, your spouse says that once she files the petition another route should be taken. In a typical divorce, the responding spouse (you) would file something called an Answer. An Answer amounts to a general denial of the allegations presented in the Petition. Very straightforward document. Even shorter than the Petition. File the Answer within twenty days or so of being served with the Petition and you are good to go.
However, your wife is suggesting that you complete a Waiver of Service instead of filing an Answer. You’ve heard of an Answer before but you’ve never heard of a Waiver of Service. You also don’t like the idea of waving anything. It makes sense that there are protections under the law for people like you going through a divorce. Therefore, you are hesitant to waive any of those rights. Truth be told, you are also unsure what “service” is. At this point, the attorney from the Law Office of Bryan Fagan taps the brakes on your conversation and tells you more about what service is.
What is service in the context of a divorce?
Service in a civil lawsuit is how a responding party is informed of the lawsuit having been filed. It is not as simple as the petitioner finding you and then handing you a copy of the divorce petition. Rather, there is a legal process that must be followed in this situation. It involves the private process server or constable picking up your divorce petition from the courthouse. Then, serving your spouse at an address you provide the process server.
In this situation, you are the spouse who could be served. Once the process server was to serve your spouse proof would be filed with the court. This is how most people are notified of a divorce. However, your spouse is proposing something different. Your spouse suggests that a waiver of service may be a good idea for your family. A waiver of service allows you to waive your right to be personally served with notice of the lawsuit.
A waiver of service could be drafted by the opposing attorney and your spouse would give it to you. You can sign the waiver in front of a notary. Then that waiver is filed with the court. It, essentially, takes the place of an Answer. Why would you agree to sign a waiver? Isn’t it your right to be personally served with notice of the lawsuit? Here is what an attorney from the Law Office of Bryan Fagan would tell you in that situation.
Why should you consider signing a Waiver of Service?
A waiver of service is a perfectly acceptable document to consider signing. What the waiver of service does is help your case in several ways. That’s not to say that there aren’t potential negative aspects to signing a waiver of service. However, for now, let’s look at some of the more positive attributes of signing a waiver of service. Then, we can spend some time discussing why you may not want to sign a waiver of service.
First, a waiver of service encourages both you and your spouse. It encourages your spouse to continue to try and work your divorce civilly. Rather than pushing and shoving her way through the divorce, a waiver of service signals to your spouse that you are willing to cooperate. That’s not to say that there aren’t points in a divorce where standing up for yourself isn’t necessary. However, it is also important for you to try and participate agreeably. There are times to stand up for yourself. The waiver of service represents a time when you may be able to work together.
The waiver of service expedites a divorce. Everyone going through a divorce wonders about how long the case is going to take. Nobody wants the case to take longer than it needs to. A common divorce takes anywhere from four to eight months, on average, to complete itself. With that said, as long as goals are being accomplished the faster a divorce can wrap up the better. A waiver of service allows your spouse to forego having to formally serve you with notice of the divorce. This can save time and money. Remember that you are both dipping into the community income from your family for this divorce. The more you can save the more you receive at the end of the divorce.
Do not sign a waiver of service without reading it first
This is not to say that a waiver of service is not something that needs to be read thoroughly. There are forms online where a divorcing spouse can copy and paste the waiver. However, there is no stopping your spouse from adding or removing language. Although a standard waiver of service does not waive your right to be notified of future court dates this can be included.
The last thing you need to do at this point is waive more rights than you already have. By looking through the waiver of service document you can stop yourself from agreeing to things that you do not intend to. Working with an experienced family law attorney is a great way to do this. An attorney knows what is usually included in a waiver of service. He or she can advise you about signing the waiver of service before doing so.
The Law Office of Bryan Fagan works with clients on a variety of bases. For example, say that you only want an attorney to help you review documents drafted by your spouse. That is a service that we can provide. Our attorneys will schedule meetings with you when you have a document ready to show us. This allows you to save money, and time and to still ensure that your rights are protected. Contact our office about this kind of arrangement today.
Why should you hesitate before signing a waiver of service?
Of course, signing a waiver of service does not make sense in every situation. As with any family law circumstance, you should evaluate your case based on the relevant facts. From the perspective of an attorney, the waiver of service is a document that begins with trust. If you and your spouse do not trust one another then a waiver of service isn’t a good option. Waiving a right to help facilitate something that your spouse wants is ok when you trust that person.
However, if you have a suspicion that he or she is trying to take advantage of you then that gives you reason to pause. Looking at the waiver of service if you see something that makes you hesitate then you should do so. Trust your instincts but then verify. Contact an attorney before going any further. When your spouse comes to you out of the blue and seems to hurriedly present a waiver of service that is a good reason to stop and consider your options. You do not have to sign the waiver of service.
Signing a waiver of service is not a good idea if you and your spouse are not willing to communicate with one another. Of course, there may be communication deficits in a divorce. Many people going through a divorce do not communicate well. However, in situations where the inability to communicate with the other person is extreme then you should think twice about signing the waiver of service. A waiver of service is a sign that the two of you are going to try and coordinate your efforts in the divorce. If that is a problem, then consider foregoing the waiver of service. Or, consider working with an experienced family law attorney.
Waiver of service final thoughts
A waiver of service isn’t a good thing or a bad thing. It’s a part of some divorce cases and is a tool which can be used for good. Consider that your waiver of service depends upon the needs of you and your spouse. If the two of you are good partners and are agreeing to work together in the divorce then a waiver of service helps. Imagine being able to initially save time and money. Then, think about how you and your spouse could have the groundwork laid to have a more agreeable divorce. All of this is possible by signing a waiver of service.
On the other hand, a waiver of service can be harmful in some situations. When you and your spouse do not communicate well or at all then a waiver of service can harm the case. There is no amount of money that you can save which makes it worthwhile to sign a document you do not trust. There is peace of mind that you have when you feel confident and trust the process. A waiver of service can be untrustworthy when you do not trust your spouse.
Making sure that the waiver of service does not contain anything out of the ordinary is another step to take. Even if the waiver of service otherwise makes a lot of sense in your case you should not sign the waiver without careful review first. Talk with an experienced family law attorney about your waiver. Bring the waiver of service into the Law Office of Bryan Fagan for us to look over with you. An ounce of diligence at the beginning of your case can make pounds of difference later on.
The Law Office of Bryan Fagan- here for you and your family
Thank you for joining us today on the blog post for the Law Office of Bryan Fagan. We appreciate you reading this blog post. Our attorneys post unique and informative content about Texas family law each day of the week. Questions about today’s blog post? Contact us today for a free of charge consultation.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
