Effective September 1st, 2015, S.B. 814 was introduced to amend Texas Family
Code section 6.4035, essentially clarifying the requirements of a waiver
of citation for divorce proceedings. In Texas, a waiver of citation is
available for respondents to choose not to be served lawsuits or divorce
papers by a process server. This saves respondents time, money, and potential
embarrassment upon discovering imminent court proceedings.
The new law states that a waiver of citation in a divorce case needs to
be signed in front of the notary public, not an attorney in the lawsuit,
in pen-and-ink. The party executing the waiver cannot sign the waiver
using a digitized signature.
The new law also amends Texas Family Code section 102.0091, which furthers
the application of such waivers to cover other common family law matters,
- Suits to remove disability of a minor, also known as emancipation
- Suits to change the name of an adult or child
- Any suits based on a parent-child relationship (SAPCR)
A waiver of citation in divorce lawsuits and SAPCR proceedings must acknowledge
receipt of a copy of the petition and provide the mailing address of the
party executing the waiver.
For more information about waiver of citation, contact CokerLegal for a