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Waiver of Service & Proof of Service



How to Avoid Serving Divorce Papers

A person filing for divorce may request the respondent spouse to give up the requirement of serving papers. A waiver of service is consent given by a respondent to waive service of process. By waiving service of process, the respondent agrees to accept the petition without formal service by a process server.

Generally, petitioners ask for a waiver of service and inform the respondent that a court proceeding has been initiated against him/her and request that the respondent waive service of a summons. The notice of proceedings and request for waiver must be in writing. A waiver request should be sent to the individual respondent, along with a copy of the petition, copy of any other divorce papers, waiver form, and a prepaid means for submitting the waiver form. The request to waive service may be handed over in person or may be mailed to the respondent.

The party who waives service of divorce papers agrees to waive objections related to service of the summons. Waiver of service does not waive any other objections relevant to the proceedings. If a respondent consents to waive the service, then s/he must reply within a certain period of time from the date of sending the request. The benefit to respondents for accepting the waiver of service request is that they get more time to counter the petition.

The original document of consent to waiver of service by the respondent should be filed with the court. A clerk will allow filing of any petitions or other documents requiring service only if it is accompanied by an acceptance of waiver of service or an attested certificate of service confirming the date and mode of making service. When the petitioner files a consent to waiver of service with the court, proof of service is not required to be filed.

If a respondent declines a request for waiver of service, the petitioner should serve the copy of petition together with the summons, according to the court rules and civil rules of procedure. US Legal Forms offers top quality, affordable waiver of service forms, as well as related proof of service and certificate forms, all easily downloadable in Word format.


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