Texas Legal Glossary · Family Law

Waiver of Service

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A waiver of service is a sworn document, allowed by Texas Family Code § 6.4035 in a divorce and § 102.0091 in a custody case, in which the respondent acknowledges receiving the petition and gives up formal service by a process server.

Also called: waiver of citation, waiver of service of process

What a waiver of service means in Texas

A waiver of service is the respondent’s written agreement to skip service of citation, the formal delivery of the lawsuit by a sheriff, constable, or private process server. Section 6.4035 of the Texas Family Code governs waivers in divorce, and § 102.0091 governs waivers in a suit affecting the parent-child relationship.

The waiver must be signed after the petition is filed, not before. It must be sworn before a notary who is not an attorney in the case. It must state the respondent’s mailing address and acknowledge that the respondent received a copy of the petition. A waiver that misses one of these requirements can be void.

How it works in practice

Waivers are common in an uncontested divorce. The petitioner files, then sends the respondent a file-stamped copy of the petition and a waiver form. The respondent signs before a notary and returns it, and the petitioner files it with the clerk. No process server shows up at anyone’s door, and the case can move to the agreed decree after the 60-day waiting period.

What the waiver gives up matters. A basic waiver gives up only formal service. Under § 6.4035(d), a respondent who signs may still ask for notice of hearings and participate fully, unless the waiver expressly says the respondent does not want notice and agrees that the case can be decided without further notice. Many form waivers do say that.

Why it matters in your case

Signing a waiver is a convenience, not an agreement to the petition’s terms. A respondent who signs a global waiver and then stops paying attention can wake up to a decree entered by default on the petitioner’s proposed terms. On the other side, a petitioner who relies on a defective waiver has a judgment that may be set aside. We prepare waivers that are limited to service and keep the respondent’s right to notice, which avoids both problems.

Example

Alicia files for divorce in Hays County and emails Brandon the petition and a waiver. Brandon signs before a notary at his bank, and Alicia files it. Brandon keeps his right to notice, so when the prove-up is set for day 63 he receives notice, has already signed the agreed decree, and does not need to attend.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.