If my husband just gave me a “waiver of service” document, do I need to consult with a lawyer before signing?

We are planning on seeing a mediator.

Asked on November 27, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Waiver's look like innocent documents, but it really helps protect your interests if you have an attorney just look at it first.  Some waivers only waive your right to be personally served with notice of hte divorce action.  Not a huge deal-- it just means that a process server doesn't have to come and put a set of papers into your hand.
If the waiver purports to do more than that, you could be waiving valuable rights, like the making of a record or the right to be notified of future hearings. 
You don't have to retain an attorney, but at least show the waiver to an attorney so that you understand what exactly you are signing and what you are waiving.  During the consult, you can also visit with the attorney about things you may want to have addressed when you do go to mediation.  That way... you get a bit more bang for your buck. 

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