Serving the Petition on the Respondent

After filing your annulment petition, you must serve your spouse with notice of the proceeding. Service requirements for annulment are the same as for divorce.

Service Options

Option 1: Waiver of Service (Best for Uncontested)

How it works:

  1. After filing, provide spouse with Waiver of Service form
  2. Spouse signs (must be notarized or sworn declaration)
  3. File executed waiver with court
  4. Service complete—no process server needed

Benefits:

  • Free
  • Fast
  • Simple
  • Shows cooperation

Important: Waiver can only be signed AFTER petition is filed.

Option 2: Formal Service

If spouse won’t sign waiver:

Sheriff/Constable Service:

  • Request citation from clerk
  • Sheriff delivers petition personally
  • Files Return of Service
  • Cost: $50-$100

Private Process Server:

  • Hire certified process server
  • Personal delivery to spouse
  • Files Return of Service
  • Cost: $75-$150

Option 3: Service by Publication (Last Resort)

If spouse cannot be located:

  • Requires diligent search affidavit
  • Court permission needed
  • Publish legal notice in newspaper
  • Longer timeline and higher costs

Requires additional legal procedures.

Waiver Process Details

Step 1: File Petition First

Must have file-stamped petition with cause number before spouse can sign waiver.

Step 2: Prepare Waiver

Texas Divorce Express provides proper waiver form including:

  • Case style and cause number
  • Acknowledgment of receipt
  • Required disclosures
  • Signature lines

Step 3: Provide to Spouse

Give spouse:

  • File-stamped copy of petition
  • Waiver of Service form
  • Information about notarization

Step 4: Spouse Signs

Spouse must:

  • Read entire petition
  • Read waiver carefully
  • Sign before notary OR as unsworn declaration
  • Return to you

No pressure: Spouse has right to consult attorney.

Step 5: File the Waiver

  • Keep copy for records
  • File original with court
  • Usually no additional fee

Formal Service Process

Step 1: Request Citation

File request with clerk for issuance of citation.

Step 2: Provide Information to Server

  • File-stamped petition copy
  • Spouse’s current address
  • Physical description (if helpful)

Step 3: Personal Delivery

Process server delivers documents to spouse.

Step 4: Return of Service

Server files proof of service documenting:

  • Date and location of service
  • Who received documents
  • Server’s certification

Step 5: Wait for Answer Deadline

Spouse has until 10:00 a.m. on Monday following 20 days after service to file Answer.

Special Considerations for Annulment

Evidence of Service Important

Your proof of service may be presented at hearing to show:

  • Spouse had notice
  • Due process satisfied
  • Proceeding by default if no answer

Contested vs. Uncontested

Uncontested (cooperative spouse):

  • Waiver of service preferred
  • May agree to decree terms
  • Faster resolution

Contested (spouse objects):

  • May require formal service
  • Spouse may contest grounds
  • May need full representation
  • Longer timeline

Service Timeline

Waiver:

  • Can be done immediately after filing
  • As fast as spouse cooperation allows

Formal Service:

  • 1-2 weeks typically
  • Plus 20-day answer period if default

Proof of Service Checklist

Must have on file:

  • Executed Waiver of Service, OR
  • Return of Service from process server
  • Filed with court clerk
  • Copy in your records

Next Steps

After service is complete, prepare your evidence and final documents:

Next: Preparing Final Annulment Documents Back: Filing Annulment Documents

Common Questions

Can I serve my spouse myself?

No. Service must be by third party (spouse signing waiver, or process server).

What if spouse is avoiding service?

Process server can make multiple attempts. Document evasion and consult attorney about alternative service.

Does waiver mean spouse agrees to annulment?

Waiver means they acknowledge receiving petition and waive formal service. They can still contest the annulment grounds even if they sign a waiver.

What if spouse is in military?

Servicemembers Civil Relief Act (SCRA) may apply. If proceeding by default, you’ll need to file military affidavit.

This information is for educational purposes and does not constitute legal advice.