(TX) Waiver of Service questions.

[Vorlauf]

(TX) My wife and I are getting a divorce while living apart. I received the petition that included a waiver of service. I was told that would keep us from having to have a court hearing. Question is the petition I received the same as what I would receive if I didn't sign and was served? Big concern is the petition I received was the "intro" of what would be added after I signed and no longer get any notification of changes from what I received in the origninal petition. We have no children, no real assets to be concerned about.

 

[adjusterjack]

. I received the petition that included a waiver of service. I was told that would keep us from having to have a court hearing.

Told by who?

Who prepared the petition? Her? Lawyer?

There are any number of reasons that the need for a hearing might come at some future date.

Question is the petition I received the same as what I would receive if I didn't sign and was served?

It should be.

Big concern is the petition I received was the "intro" of what would be added after I signed

I don't understand what you mean by that.

What is the petition asking for?

no longer get any notification of changes from what I received in the original petition.

Any subsequent pleadings and filing have to be sent to you when they are filed.

We have no children, no real assets to be concerned about.

Did you get something like this?

Original Petition for Divorce [Divorce Set B] (texaslawhelp.org)

Likely omitting any reference to children.

See Page 8, paragraphs 11A and 11B.

Is the proposed division of assets and debts satisfactory to you? Something you have discussed with your wife and agree on?

You can check the court docket and see if the petition has been filed and then get a copy from the court and compare it to what you were sent.

You can also talk to your wife about filing a joint petition, though I don't know if that's available in Texas.

The following site explains the Texas divorce process.

TxDivorce.org | Texas divorce process explained fully

 

[zddoodah]

I was told that would keep us from having to have a court hearing.

Told by whom? A court hearing about what? Are you saying that someone told you that, if you sign the waiver of service form, there is no chance of any hearing in connection with the divorce case? You may want to google "Texas waiver of service law" and, in particular, look at Texas Family Code section 6.4035.

Question is the petition I received the same as what I would receive if I didn't sign and was served?

I don't understand the question. You haven't signed anything yet. Right?

The waiver of service simply means your spouse doesn't have to go through the hassle and cost of hiring a sheriff or process server to serve you.

Big concern is the petition I received was the "intro" of what would be added after I signed and no longer get any notification of changes from what I received in the origninal petition.

Huh?

We have no children, no real assets to be concerned about.

Unless your wife is seeking alimony, then this ought to be really easy.

 

[Litigator22]

(TX) My wife and I are getting a divorce while living apart. I received the petition that included a waiver of service. I was told that would keep us from having to have a court hearing. Question is the petition I received the same as what I would receive if I didn't sign and was served? Big concern is the petition I received was the "intro" of what would be added after I signed and no longer get any notification of changes from what I received in the origninal petition. We have no children, no real assets to be concerned about.

I think you will find that it is a generally accepted rule of law that the relief granted the petitioning party via a default judgment cannot exceed that prayed for in the petition or complaint. Meaning the pleading on record by which the defaulting party was apprised of the petitioner's demands.

Case law is replete of instances where such judgments awarding relief in excess of that demanded have been set aside for reasons of lack of due process.