A Waiver of Service is a written statement signed by a respondent indicating that no formal delivery of divorce papers by a sheriff or a process server is required. This document is usually a part of a divorce kit when spouses are on amicable terms and apply for an uncontested divorce. It means they can communicate and share documents directly without involving third parties. By completing this form, it is possible to reduce expenses and speed up the divorce process by avoiding the service stage.
Download Waiver of Service Form in PDF Format
The “24-Hour Rule” and Signing Timelines
A Waiver of Service must be signed and notarized at least one day after the Original Petition for Divorce is filed. If it is signed on the same day or earlier, the waiver is void and must be redone. This rule ensures the respondent has time to review the filed petition and understand the claims before giving up formal service.
Mandatory Notarization and 2026 Notary Standards
The waiver is valid only if signed before a notary public. As of January 1, 2026, Texas notaries are subject to higher training standards, increasing the document’s reliability in court. Texas also fully recognizes Remote Online Notarization, allowing a waiver to be signed via secure video call when the digital certificate meets current security requirements.
Specific vs. Global Waivers in 2026
Texas courts now clearly distinguish between Specific and Global waivers. A Specific Waiver waives formal service but preserves the respondent’s right to receive notice of hearings and to sign the Final Decree. A Global waiver may waive those rights entirely, allowing the case to proceed without further notice. Courts closely scrutinize waiver language to ensure no rights were unknowingly surrendered.
Electronic Filing and Privacy Protocols
After signing, the waiver must be e-filed through the Texas judicial portal. The document must list the respondent’s current mailing address but comply with strict Sensitive Data rules. Information such as Social Security numbers or financial account details must be excluded from the public filing and placed on a separate confidential Sensitive Data Sheet.
Please note that the divorce documents provided in this article can only be used as samples. They may not be up-to-date or relevant to your divorce situation. Our team knows how to make the paperwork preparation process easier. Complete a comprehensive online questionnaire, download your forms, and get started with a divorce straight away.
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