Texas Family Code
Sec. § 6.4035
Waiver of Service


A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.


The waiver must contain the mailing address of the party who executed the waiver.


Notwithstanding Section 132.001 (Unsworn Declaration), Civil Practice and Remedies Code, the waiver must be sworn before a notary public who is not an attorney in the suit. This subsection does not apply if the party executing the waiver is incarcerated.


The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.


The party executing the waiver may not sign the waiver using a digitized signature.


For purposes of this section, “digitized signature” has the meaning assigned by Section 101.0096 (Digitized Signature).
Added by Acts 1997, 75th Leg., ch. 614, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 1, eff. September 1, 2015.
Last accessed
Jan. 23, 2020