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Serving the Petition for Divorce

Smith & Garg - North Houston Attorneys

Once the Original Petition for Divorce has been filed with the Court, it must be served on the other party or your spouse. There are a couple of different ways this can be done. The most common way is for a constable or sheriff to deliver the Original Petition and obtain their signature. This, however, can be pretty stressful as it never pleasant to have the police come to your house or place of employment, particularly if there are children involved, and serve a divorce petition. The other way is to have a waiver of service signed by your spouse. Generally, when a waiver of service is used, the spouse who files for the divorce simply delivers the petition and gets the other to sign the waiver. If the other spouse is represented by another attorney, the opposing attorney will generally accept service on their behalf unless they are simply trying to be difficult. This, of course, also happens with too much regularity. Many times, for a variety of reasons, if your spouse has hired an attorney, they will not agree to a waiver of service or it becomes moot since an answer might have already been filed.