Clarification on Waivers of Citations in Certain Family Suits

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, including:

  • 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 consultation today.

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