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 Coker, Robb & Cannon, Family Lawyers for a consultation today.