Serve the Petition to the Other Party

After filing your divorce petition, Texas law requires that your spouse (the Respondent) be formally notified of the divorce proceeding. This process is called “service of process” and ensures that your spouse has proper legal notice and an opportunity to respond.

Why Service is Required

Service of process protects both parties’ constitutional rights by ensuring:

  • The Respondent knows a divorce has been filed
  • The Respondent has an opportunity to respond
  • The court has proper jurisdiction over both parties
  • Due process requirements are met

You cannot finalize your divorce without proper service or a valid waiver.

Service Options

Option 1: Waiver of Service (Preferred for Uncontested Divorces)

The Waiver of Service is the simplest, fastest, and least expensive method when your spouse cooperates.

How it works:

  1. After filing your petition, provide your spouse with a Waiver of Service form
  2. Your spouse signs the waiver (must be notarized or signed as an unsworn declaration)
  3. You file the executed waiver with the court clerk
  4. Service is complete—no process server needed

Important timing: The waiver can only be signed after the petition has been file-stamped by the court. Do not have your spouse sign it beforehand.

Requirements for a valid signed waiver:

  • Must be signed after the petition is filed
  • Must be properly notarized OR signed as an unsworn declaration
  • Must include all required disclosures
  • Must be filed with the court

Benefits:

  • Free (no service fees)
  • Fast (can be done immediately after filing)
  • Simple (just needs notarization)
  • Shows cooperation

Option 2: Formal Service by Process Server

If your spouse won’t sign a waiver, you can have them formally served:

Methods of formal service:

Sheriff or Constable Service

  • Request issuance of citation from the court clerk
  • Sheriff or constable personally delivers the petition to your spouse
  • They complete a Return of Service documenting delivery
  • Return is filed with the court

Cost: Typically $100-$200 depending on the county

Private Process Server

  • Hire a certified private process server
  • They personally deliver the petition to your spouse
  • They complete a Return of Service
  • Return is filed with the court

Cost: Typically $150-$300

Service by Certified Mail (Not Allowed for Original Petition in Divorce)

Note: Unlike some civil cases, initial service of a divorce petition generally cannot be accomplished by certified mail in Texas.

Option 3: Service by Publication (Last Resort)

If you cannot locate your spouse after diligent effort, you may petition the court for service by publication:

Requirements:

  • File an affidavit showing you made a diligent search
  • Get court permission
  • Publish legal notice in a newspaper
  • Much longer timeline and additional costs

This option requires additional legal procedures beyond our basic service.

Waiver of Service: Step-by-Step

Since the waiver is the most common method for uncontested divorces, here’s the detailed process:

Step 1: File Your Petition First

You cannot use a waiver until after your petition is officially filed and you have a file-stamped copy with a cause number.

Step 2: Prepare the Waiver Form

Texas Divorce Express provides a properly formatted Waiver of Service that includes:

  • Case style (names and cause number)
  • Acknowledgment that Respondent received a copy of the petition
  • Waiver of formal service by process server
  • Required warnings and disclosures
  • Signature lines for Respondent

Step 3: Provide Petition and Waiver to Your Spouse

Give your spouse:

  • A file-stamped copy of the Original Petition
  • The Waiver of Service form
  • Information about where to get it notarized (if required)

Step 4: Spouse Signs the Waiver

Your spouse must:

  • Read the entire petition
  • Read the waiver form carefully
  • Sign before a notary public OR as an unsworn declaration under penalty of perjury
  • Return the executed waiver to you

Do not pressure or rush your spouse. They have the right to consult with an attorney before signing.

Step 5: File the Executed Waiver

Once signed and notarized:

  • Make a copy for your records
  • File the original waiver with the court clerk
  • E-file or file in person (same as petition)
  • Usually no additional fee to file a waiver

Let us handle it: Texas Divorce Express offers e-filing of your executed waiver for a flat fee of $25—we submit it directly to the court on your behalf.

Step 6: Service is Complete

Once the waiver is filed, service is complete and the case can proceed.

Formal Service: Step-by-Step

If your spouse won’t sign a waiver:

Step 1: Request Issuance of Citation

File a request with the court clerk asking them to issue citation (formal notice) for your spouse.

Step 2: Provide Information

Give the process server:

  • A file-stamped copy of the petition
  • Your spouse’s current address
  • Your spouse’s physical description and schedule (if helpful)

Step 3: Process Server Delivers Documents

The process server will personally deliver the petition and citation to your spouse. They must hand the documents directly to your spouse.

Step 4: Return of Service Filed

The process server completes a Return of Service documenting:

  • When service was completed
  • Where service occurred
  • Who received the documents
  • Their signature certifying service

This return is filed with the court to prove service.

Step 5: Wait for Deadline to Pass

After service, your spouse has until 10:00 a.m. on the Monday following 20 days after service to file an Answer. If your spouse does not file an answer, you may proceed with a default judgment so long as the Original Petition has been on file with the court for at least 60 days.

What If Your Spouse Can’t Be Located?

Diligent Search Required

Before using alternative service methods, you must show you made reasonable efforts to locate your spouse:

  • Check last known addresses
  • Contact known relatives and friends
  • Search online databases
  • Check with last known employer
  • Hire a skip tracer or private investigator (if appropriate)

Alternatives

  • Service by posting: Post notice at the courthouse
  • Service by publication: Publish in newspaper
  • Other methods: As authorized by court order

These methods require court permission and additional time.

Service Timeline

Waiver of Service:

  • Can be signed and filed immediately after petition is filed
  • No waiting period for service itself
  • Fastest method

Formal Service:

  • Usually completed within 1-2 weeks
  • Depends on process server’s schedule and Respondent’s availability
  • Add 20 days for Answer deadline if proceeding by default

Proof of Service Checklist

To proceed with your divorce, you must have on file:

  • Either: Executed Waiver of Service (properly notarized/declared), OR
  • Return of Service from sheriff/constable/process server
  • Proof filed with the court clerk
  • Copy in your records

Next Steps

Once service is complete, you enter the mandatory waiting period:

Next: Waiting Period Back: Filing Divorce Documents

Common Questions About Service

Can I serve my spouse myself?

No. Texas law prohibits a party to the case from personally serving the other party. Service must be accomplished by a disinterested third party—either through a signed Waiver of Service from your spouse, or by a sheriff, constable, or certified private process server.

What if my spouse is avoiding the process server?

The process server can make multiple attempts. If your spouse is actively evading service, document these attempts and consult with an attorney about alternative service methods.

How long does my spouse have to respond after service?

If formally served, your spouse must file an Answer by 10:00 a.m. on the Monday following 20 days after service. With a waiver, they’ve essentially already responded by agreeing.

What if my spouse signs the waiver but then changes their mind?

A properly executed waiver is binding. However, your spouse can still contest the divorce terms by filing an Answer or appearing at hearings. The waiver only waives formal service, not their right to participate in the case.

Does the waiver mean my spouse agrees to the divorce?

The waiver means they acknowledge receiving the petition and waive formal service. It does not necessarily mean they agree to all terms, though in uncontested cases, cooperation on the waiver often indicates agreement.

What if I can’t afford a process server?

You can:

  1. Use sheriff/constable service (usually cheapest formal option)
  2. Ask your spouse to sign the waiver (free)

This information is for educational purposes and does not constitute legal advice. Every document is prepared or reviewed by a Texas-licensed attorney, or a paralegal under the direction of a Texas-licensed attorney.