IfI amopposed to divorce buthave beenserved, would it be in my best interest to respond by signing the waiver of service or to file an “answer” instead?

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IfI amopposed to divorce buthave beenserved, would it be in my best interest to respond by signing the waiver of service or to file an “answer” instead?

I have just received a copy of the original petition for divorce, which my husband filed for last week, along with a waiver of service requesting my signature. Although I am opposed to the divorce and would prefer to seek alternative solutions to resolving the marriage, I understand that my consent is not necessary for obtaining it.

Asked on November 12, 2011 under Family Law, Texas

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 9 years ago | Contributor

The waiver of service merely allows him to serve you by mail.  After signing the waiver you have the right to file an answer.  In that answer you can deny that irreconciable difference exist in the marriage. This will stop the divorce process only if he is willing to go to counseling and both of you are willing to make the changes required to save the marriage. 


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