If my husband emailed divorce papers to me but I did not sign a waiver of service, does this email qualify for the official service?

UPDATED: Jan 13, 2012

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If my husband emailed divorce papers to me but I did not sign a waiver of service, does this email qualify for the official service?

I did not sign a waiver of service or submit an answer as of yet. I do intend to answer the petition and possibly hire a lawyer to obtain temp spousal support but I did not want to move on doing any of these things until I was officially served. I do not want the divorce, so I am trying to let as much time pass as possible.

Asked on January 13, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation. What you have to check is the procedural requirements as to service of pleadings (the petiton and answer ) in a matrimonial action.  generally speaking courts require personal service  (i.e., handed to you) rather than subsituted service (nailed and mailed, etc.).  But serving by e-mail is not generally allowed.  That is why he wants you sign a waiver.  So sign nothing.  And bring everything to your attorney to discuss strategy.  Good luck.

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