Garymustang1977 Posted September 4, 2012 Posted September 4, 2012 Hello all, I finally filed for divorce last Friday. I chose to waive my wife being served out of embarrassment for her. I will personally serve her myself this week using this Texas divorce form: TinyURL.com - shorten that long URL into a tiny URL I am fairly confident that she will uncontest the divorce since we have no children and have only our house and credit card debt to deal with. My question is how long does she have to respond to the waiver and go before a notary? In theory if she agrees with the decree can she go with me to the courthouse after the 61 day waiting period, see the notary at the courthouse (I've checked, $3 fee), and then go to our docket cattle call to go before the judge on the same day? If she claims that she never got the papers will that delay the docket hearing? I'm only going on good faith that she'll sign the response. Is it legal for me to secretly video tape her as I give her the papers? I'm just trying to cover my bases if she decides to protest the divorce. Thanks very much, Gary
carhill Posted September 4, 2012 Posted September 4, 2012 (edited) In Cali, the timeclock runs from the date of constructive service. Self-help at the courthouse can clarify Texas procedures for you. If utilizing waiver of service, common sense indicates, if similar to Cali, the timeclock for response/cooling off will begin upon the date of the waiver being executed and/or filed with the court. My bet is filing date. Personally, if there's any doubt, I'd suggest having the filing served professionally. It only cost my exW 35 bucks to have the sheriff serve me, and they had to drive a ways, since I live out in the sticks. IMO, better to get it official and get it moving. Good luck. Edited September 4, 2012 by carhill having
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