Serving Divorce Papers On Your Spouse
Filing for divorce is only the first step in the process of legally separating from your spouse. Once you have submitted your divorce petition to the court, Texas law requires that your spouse be formally notified of the petition so they can appropriately prepare and respond. This step is formally called “service of process,” and ensures that both parties are aware of the proceedings and have an opportunity to participate in the proceedings. It is very important that those who are seeking divorce in Texas understand how to serve divorce papers in Texas, especially when your spouse is uncooperative or attempts to avoid being served.
Eric M. Willie, P.C., Divorce & Family Law Attorney in Austin, will guide clients through each stage of the divorce process, including the often-complex process and rules around serving papers. Understanding the legal methods of serving divorce papers, as well as the alternatives available when a spouse is uncooperative or evasive, can make all the difference in keeping your divorce case on track.
Why The Service of Process Matters in Texas
Texas courts take service of process very seriously, especially in divorce cases, because it safeguards their responsibility of providing due process and informing all parties of their rights. The judge must be confident that your spouse received proper notice of the divorce case and subsequent proceedings before moving forward with the divorce process. If the papers are not served according to the law, the court may delay proceedings or even dismiss the case.
Following the proper service of process includes:
- Your spouse knows that the divorce petition has been filed, and is notified of any court proceedings that have been scheduled.
- Both parties have an equal chance to respond and prepare to the divorce petition.
- The divorce judgment will not be challenged later for improper service.
Who Can Serve Divorce Papers in Texas
Texas law prohibits a spouse from serving divorce papers to the spouse they are seeking a divorce from. Instead, the service of process must be carried out by:
- A Sheriff or Constable – These law enforcement officers are authorized to serve legal documents.
- A Private Process Server – These are licensed professionals who specialize in delivering legal papers.
- Any Person Over 18 Authorized By The Court – In some cases, the judge may appoint another qualified adult to serve divorce papers.
Following the proper service of process rules by ensuring a qualified individual delivers the papers ensures that the service is impartial and verifiable. These cases can get complicated, which is why we recommend contacting an Austin divorce lawyer near you to help you through the process.
Steps to Follow When Serving Divorce Papers in Texas
Knowing how to serve divorce papers in Texas requires paying careful attention to the legal process to ensure your case moves forward without delays or dismissal. While every situation is unique, the following steps outline the general procedure for properly serving divorce documents in the state.
- File the Petition – Submit your divorce petition through the appropriate paperwork with the district court in the county where you or your spouse resides.
- Obtain Issued Papers – Once filed, the court clerk will provide the official copies of the petition and citation that must be served to the respondent.
- Choose a Qualified Server – Hire a sheriff, constable, or certified process server.
- Attempt Personal Service First – The law requires that several standard attempts be made before requesting alternative methods.
- Keep Records of Attempts – If the service of process becomes difficult, detailed records of each attempt will help justify the use of substituted or alternative service.
- Request Court Approval for Alternatives – File a motion with the court if your spouse is avoiding service.
- File Proof of Service – The server must submit documentation verifying the method and date of service.
Standard Methods of Service
When considering how to serve divorce papers in Texas, the law in Texas provides several standard options:
Personal Service
The most common method for delivering divorce papers is through personal service. A process server, sheriff, or constable will hand-deliver the divorce papers directly to the other spouse. The server will then complete a “Return of Service” form and file it with the court as proof that service was completed and the divorce papers were served.
Service by Mail
In some cases, divorce papers may be sent to the respondent via certified mail with a return receipt requested. This method works only in cases when a spouse signs the receipt, providing proof that they received the documents. If your spouse refuses to accept delivery or fails to sign, this method will not be valid.
Other Legal Methods of Service
Not every spouse will cooperate during the divorce process, which can include them refusing to accept divorce papers or dodging being served. In other cases, some spouses may be difficult to locate. However, Texas law provides alternative ways to complete service of process when personal delivery or certified mail is not possible.
Substituted Service
If personal service fails after multiple attempts to deliver the divorce papers, Eric M. Willie, a divorce attorney in Texas, can ask the court for permission to use substituted service. This allows the process server to serve the documents to another responsible adult at your spouse’s home or workplace. In some cases, they will be allowed to attach them to the front door of the residence, if that is the judge’s decision. Substituted service requires court approval and proof that previous standard and legal attempts have been unsuccessful.
Service by Publication
When a spouse cannot be located despite all attempts to find them, the court may permit a spouse to serve divorce papers through service by publication. In this method, notice of the divorce case and the next court date will be published in a local newspaper or, in certain cases, on an approved public website. This alerts the unlocated spouse to the proceedings of the divorce, though it is generally considered a last resort because it may limit their awareness of the divorce.
Service by Posting
For divorce cases involving minimal property division and no minor children, the court may allow service by posting. A notice is physically posted at the courthouse to publicly notify the spouse of the filing. Like publication, this method is used only when the spouse cannot be found and no other service is possible.
Electronic Service Via Email or Social Media
Texas courts have recently begun to recognize service through electronic means, such as email or social media messaging, if traditional methods fail. However, this method requires strong evidence that the electronic account belongs to your spouse and that they are likely to see the notice. The court must approve this option before it can be used.
What To Do When A Spouse Avoids Being Served
Some spouses will deliberately avoid being served to delay the divorce process, especially if they are financially on the hook or simply don’t agree to getting a divorce. If you find yourself in this situation, Texas law offers solutions, as long as you:
- Document Every Attempt To Deliver – Keep records of dates, times, and addresses where the legal server attempted delivery.
- Use A Skip Trace Investigation – Process servers can use databases to locate a spouse who has moved or changed addresses. This must be done to further proceed with other types of service of process attempts.
- Request Substituted Service – Ask the court to allow the divorce papers to be delivered to another adult at the household or workplace.
- Ask for Electronic Service – If your spouse is active on email or social media, the court may approve this option for serving papers.
- Consider Service By Publication – As a last resort, this allows your divorce to proceed even if your spouse cannot be found.
Working with an experienced divorce lawyer, such as Eric M. Willie, ensures these steps are handled according to the law, reducing the risk of delays or challenges later.
Need More Information on How To Serve Divorce Papers In Texas?
Understanding the correct process on how to serve divorce papers in Texas is very important when an individual wants to move their case forward. While traditional personal service is the preferred and most straightforward method for serving divorce papers, Texas law recognizes several alternatives when a spouse is difficult to locate or becomes deliberately evasive. Options such as substituted service, publication, posting, or even electronic service can greatly help the divorce process proceed fairly and lawfully.
When you contact Eric M. Willie, P.C., Divorce & Family Law Attorney in Austin, our team can guide you through every step of the process. From filing the divorce petition to ensuring service of process is legally valid and completed, our team will be with you every step of the way. Whether your spouse is cooperative or evasive, Eric M. Willie is committed to protecting your rights and helping you achieve a positive resolution in your divorce promptly.
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