Divorce is rarely an easy process, and one of the first challenges you must overcome is letting your spouse know that it’s for real. You may have already discussed divorce with them in the past, but serving them with paper is the first formal step to take in this process.
Making sure you serve divorce papers correctly is important. Why? Because a divorce is basically a lawsuit, and your spouse will be your opponent in that lawsuit. As a consequence, they must be informed of the divorce filing and given time to prepare for the next step.
The act of formally informing your spouse of the divorce is known as the “service of process,” commonly referred to as “serving.”
Ways You Can Serve a Divorce in Texas
Proper service is important because without it, your case may be delayed, or your petition may be dismissed.
Here are a few ways spouses can serve each other in Texas:
- Waiver of Service Only: This is the best option for an uncontested divorce. The respondent spouse signs the form before a notary public and the petition is filed with the court.
- Personal Service: This is fulfilled by someone such as a process server, sheriff, or court clerk. The server delivers the divorce documentation to the respondent spouse and is required to provide a Return of Service form that explains when and how the spouse was served.
- Service by Registered or Certified Mail: If you are sure that the respondent will sign for a certified letter, you can serve divorce papers through registered or certified mail. The clerk will do the actual mailing and a return receipt will be necessary to successfully complete service.
- Service by Posting: This type of service involves posting a notice about your divorce in a public forum. Permission for this must be granted and may only be granted if you can’t locate your spouse, you and your spouse don’t have any minor children, the female spouse isn’t pregnant, and the female spouse doesn’t have any minor children fathered by another man during the marriage.
- Service by Publication: If no other method of service has worked and children younger than 18 are involved, then the court may allow you to conduct service by publication. This is essentially a process where you can “serve” your spouse by citation in a newspaper in the county where your case was filed.
Do You Need Help with Your Divorce?
If you need help with serving a divorce or just getting started, we at Rodriguez & Gimbert, P.L.L.C. can provide the legal guidance you need. Our services are backed by many years of combined legal experience that have allowed our attorneys to skillfully provide service to our clients.
For more information about how we can help you with your divorce, contact Rodriguez & Gimbert, P.L.L.C. online now!