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For many people, divorce is a long, drawn-out battle that requires numerous court appearances and culminates in an emotionally draining trial. But it doesn't have to be. In Texas, it's possible to get a divorce without going to court ? or by just appearing one time for a final ?prove-up? hearing.
A waiver of service can be used to avoid the embarrassment or hassle of being physically served. This document is signed and notarized by the respondent and filed with the court. This document tells the court that the respondent has received the petition and that they ?waive? being served.
First, the couple must have been married for at least two years. Second, they must have lived apart for at least six months. Finally, they must have filed a petition for divorce with the court. Once these requirements have been met, the divorce will be granted relatively quickly.
TFC § 6.702 specifically prohibits the "granting" of a divorce prior to the 60th day after the divorce is filed, except in a case where the court finds that (1) the respondent has been finally convicted or placed on deferred adjudication for an offense involving family violence as defined by TFC § 71.004 against ...
Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.