How to Fill Out Texas Waiver of Service (Divorce) + FAQs

A Texas Waiver of Service is a sworn, notarized document the responding spouse signs in a divorce to give up the right to be formally served with the citation and original petition, allowing the case to move forward without a constable or process server delivering papers. The respondent files it with the district clerk in the same county where the divorce was filed, and the petitioner uses it to prove the court has personal jurisdiction over the other spouse under Texas Rule of Civil Procedure 119 and Texas Family Code §6.4035.

Texas courts process roughly 75,000 to 80,000 divorces every year, and pro se filers (people without lawyers) account for nearly half of them, according to data published by the Office of Court Administration. A correctly signed and notarized waiver removes one of the most common reasons agreed divorces get bounced by the clerk or delayed at the prove-up hearing.

Here is what you will learn in this guide:

  • 📝 How to fill out every line of the Waiver of Service Only form without a lawyer
  • ⚖️ The difference between a Waiver of Service Only and a “global” waiver under §6.4035
  • 🖊️ How to handle notarization, including remote online notarization for military and out-of-state respondents
  • 📬 How to file the waiver through eFileTexas.gov or in person, and what proof to keep
  • 🚫 The 10 most common waiver mistakes that get cases dismissed, reset, or rejected by Texas district clerks

What the Texas Waiver of Service Is and Who Must File It

The Texas Waiver of Service in a divorce is a short, sworn statement signed by the respondent (the spouse who did not file the petition) that says, “I got a copy of the Original Petition for Divorce, I know about the case, and I do not need to be officially served.” It is governed by Texas Rule of Civil Procedure 119 for the basic waiver of citation, and by Texas Family Code §6.4035 for the special rules that apply only to family law cases.

Only the respondent signs the waiver. The petitioner cannot sign it, and a friend, parent, or attorney cannot sign it on the respondent’s behalf. The respondent must be at least 18 years old, of sound mind, and must sign after the divorce petition is filed with the district clerk, not before. Signing before the petition has a file-stamp is one of the fastest ways to get the waiver rejected, because Rule 119 requires the waiver to refer to a case that already exists.

The form is most often used in agreed (uncontested) divorces where both spouses cooperate, but it can also be used in default situations where the respondent simply does not want to fight. The free fill-in-the-blank version most Texans use is the Waiver of Service Only form hosted by TexasLawHelp.org, maintained by the Texas Legal Services Center and approved for use statewide. Counties like Harris, Travis, Dallas, and Bexar accept this same form through the eFileTexas portal.

A waiver is not the same thing as an answer. An answer keeps the respondent active in the case and entitled to notice of every hearing. The Waiver of Service Only also keeps the right to notice of final trial, but it gives up the right to be formally served with citation. The older “global” waiver, which waives all future notice, is sharply limited by §6.4035(b) and is no longer the default form most courts will accept.

Before You Start: Documents and Information You Need

Filling out the waiver takes about ten minutes if you have everything in front of you. Trying to do it from memory is how typos, wrong cause numbers, and missing middle names sneak in and get the form bounced. The Texas Law Library family law guide recommends gathering all paperwork before you open the form.

Here is the pre-filing checklist for the respondent:

  • The file-stamped Original Petition for Divorce. The waiver must reference the same case style and cause number; without the file-stamp, you cannot prove the petition exists yet.
  • The cause number assigned by the district clerk. A wrong digit sends the waiver into the wrong case file and the divorce stalls.
  • The full county and court number (e.g., 301st District Court, Dallas County, Texas). Courts will not accept a waiver that names the wrong court.
  • Both spouses’ full legal names exactly as written on the petition. A nickname or maiden-name mismatch can trigger a clerk rejection.
  • The respondent’s current mailing address where future notices can be sent. This must be a real address the respondent checks, not a stale one.
  • A government-issued photo ID (Texas driver license, state ID, U.S. passport, or military ID) for the notary. Without it, the notary cannot complete the acknowledgment under Texas Government Code §406.016.
  • A working notary, in person or through a Texas-commissioned Remote Online Notary (RON) such as those approved by the Texas Secretary of State.
  • The filing fee for the divorce itself (waivers are free to file, but the divorce filing fee runs roughly $300 to $350, depending on county; check your local district clerk page like the Harris County District Clerk or Travis County District Clerk).
  • An eFileTexas.gov account if the respondent is filing the waiver electronically rather than handing it to the petitioner.

If even one item on this list is missing, stop and gather it. Texas district clerks reject incomplete waivers every day, and a rejection can push your prove-up hearing back by weeks because of the 60-day waiting period under Texas Family Code §6.702.

Where to Get the Form and How to Access It

The most widely used version is the Waiver of Service Only (Form FM-DivorceSet-D-101) posted on TexasLawHelp.org. It is free, fillable as a PDF, and updated regularly by the Texas Legal Services Center. Always check the revision date in the bottom corner of the form before you sign; courts expect a current version, and using a form from five years ago is a common reason for rejection.

There are actually two versions of the waiver in the TexasLawHelp packet. One is for divorces without minor children, and the other is for divorces with minor children under 18 or still in high school. They look almost identical, but the children version cross-references the Suit Affecting the Parent-Child Relationship (SAPCR) parts of the petition. Pick the wrong one and the clerk may flag it.

You can also pick up a paper waiver at the family law self-help center inside many Texas county courthouses. Harris, Travis, Dallas, Bexar, Tarrant, and El Paso counties all run staffed help desks where pro se filers can grab the same form for free. Some private services like LegalZoom or 3StepDivorce sell their own waiver templates, but the free TexasLawHelp version is accepted in every Texas county and is what most district clerks expect.

If the respondent is on active military duty, Servicemembers Civil Relief Act protections still apply even if they sign a waiver, and the form has a special acknowledgment line for military respondents that should not be skipped. Out-of-state respondents can sign the Texas waiver in front of any notary commissioned in any U.S. state, as long as the acknowledgment uses Texas-acceptable language under Texas Government Code §406.016.

Step-by-Step: How to Fill Out the Texas Waiver of Service Only Line by Line

This is the heart of the article. Each H3 below covers one field on the Waiver of Service Only form, in the order it appears. Number every entry carefully and read each prompt twice before writing.

Caption: Cause Number

Plain English. The cause number is the unique case ID the district clerk stamped on the Original Petition for Divorce when it was filed.

How to answer. Copy it exactly from the file-stamped petition into the Cause No. line at the very top of the waiver. Do not invent it, abbreviate it, or guess. Use the same formatting the clerk used (often something like DF-26-04567 or 2026-12345-D).

Example. Janet Rivera writes Cause No. DF-26-04567 on the top line of her waiver, copying it letter-for-letter from her husband Marcus’s petition.

Nuance. If the petition was just e-filed and the cause number has not yet been assigned, stop. You cannot sign a waiver before the case has a number; that violates Rule 119’s requirement that the waiver name an existing suit.

Common mistake and consequence. Transposing two digits (writing 04657 instead of 04567) sends the waiver into the wrong file or into limbo. The clerk will not match it to the divorce, and the prove-up will be reset.

Misconception. Many filers think the cause number is the same as the docket number for the courtroom. It is not — the cause number is the case ID, and the court number (e.g., 301st District Court) is separate.

Caption: In the Matter of the Marriage of (Petitioner and Respondent Names)

Plain English. This line names both spouses so the court knows whose marriage the waiver belongs to.

How to answer. Write the petitioner’s full legal name on the first line and the respondent’s full legal name on the second line, exactly as they appear on the petition. Use first, middle, and last names, no nicknames.

Example. Marcus Antonio Rivera on the petitioner line and Janet Marie Rivera on the respondent line, matching the petition word for word.

Nuance. If the respondent wants to restore a maiden or former name in the divorce, the waiver should still use the current legal name as on the petition. Name change happens in the final decree, not the waiver.

Common mistake and consequence. Using a nickname like Marc instead of Marcus makes the waiver inconsistent with the petition. Some clerks reject it; others let it through but the final decree gets flagged.

Misconception. Filers think middle names are optional. They are not — Texas district clerks treat the waiver as a sworn statement and expect the names to match the petition’s caption exactly.

Caption: Court Number and County

Plain English. This line tells the court which courthouse and which judge’s court the waiver belongs to.

How to answer. Write the court number (e.g., 301st District Court) and the county (e.g., Dallas County, Texas) on the lines provided. Copy this from the petition’s caption.

Example. Janet writes In the 301st District Court, Dallas County, Texas matching the heading of Marcus’s petition.

Nuance. Some Texas counties use County Courts at Law for divorces (such as parts of El Paso and Hidalgo). Use the exact court name on the petition, even if it is not a “district court.”

Common mistake and consequence. Naming the wrong court — for example, writing 302nd when the petition is in the 301st — will cause the waiver to be rejected because the court named on the waiver does not have the case.

Misconception. Filers think any court in the same county will work. Texas treats each numbered court as a separate court of record under Texas Government Code Chapter 24.

Section 1: Respondent’s Name and Identifying Information

Plain English. This section asks who you are and confirms you are the respondent in the case.

How to answer. Print your full legal name. The form may ask for the last three digits of your Social Security number and the last three digits of your driver license number, in line with Texas Family Code §105.006 for cases involving children. Do not write your full SSN or full driver license number.

Example. Janet Marie Rivera, last three of SSN 789, last three of TXDL 456.

Nuance. If the case has no minor children, the SSN/DL fields may not appear on your version of the form. Check which form you pulled — the with-children version asks for more.

Common mistake and consequence. Writing the full SSN exposes the respondent to identity theft and violates the redaction rules in Texas Rule of Civil Procedure 21c. The clerk may reject the filing or seal it.

Misconception. Filers think the form needs their full SSN to “match them up” with the case. It does not — only the last three digits, and only when children are involved.

Section 2: Acknowledgment of Receipt of Petition

Plain English. This is the sworn statement that you got a copy of the Original Petition for Divorce.

How to answer. Read it carefully. Do not change the wording. By signing, you confirm you received the petition, you read it, and you understand what your spouse is asking for.

Example. Janet reads the petition Marcus filed asking for divorce and division of the marital home, then leaves the printed acknowledgment language untouched.

Nuance. “Receipt” means a real copy — paper, PDF, email, or text with the file-stamped petition attached. A verbal description does not count, and signing without actually receiving the petition is sworn perjury under Texas Penal Code §37.02.

Common mistake and consequence. Signing before receiving the petition makes the waiver false. If the judge or opposing counsel discovers it, the waiver is void and the entire divorce can be set aside.

Misconception. Filers think they can sign first and “get the petition later.” That flips the rule on its head — you must receive the petition first, then sign.

Section 3: Waiver of Citation Language

Plain English. This is the specific sentence where you give up the right to be formally served by a constable or process server.

How to answer. Do not edit this paragraph. The exact language tracks Texas Rule of Civil Procedure 119 and any change can void the waiver.

Example. Janet’s waiver reads, in part, “I have read the Original Petition for Divorce. I do not need to be served with the Original Petition for Divorce” — the exact statutory phrasing.

Nuance. This waiver is only of citation. It does not waive future notices of hearings, the final trial, or the right to file an answer. The respondent stays entitled to notice under §6.4035(c).

Common mistake and consequence. Crossing out language to “be safe” creates a hybrid form the clerk cannot accept. Strikethroughs on a sworn document raise red flags and are routinely rejected.

Misconception. Filers think signing this waiver means they “agree to the divorce.” It only waives service, not the substance of the case.

Section 4: Request for Notice (or Waiver of Notice)

Plain English. This section tells the court whether you want to be notified of future hearings, including the final prove-up.

How to answer. On the modern Waiver of Service Only, this is usually pre-filled to keep your right to notice and to require notice of the final trial. Write your current mailing address on the line so the court and petitioner can mail you.

Example. Janet writes 4501 Maple Avenue, Apt. 7, Dallas, TX 75219 as her notice address.

Nuance. If you sign the older “global” waiver, you give up notice of every future hearing. Texas Family Code §6.4035(b) makes that waiver of further notice unenforceable in many family cases unless tightly worded; most lawyers advise against it.

Common mistake and consequence. Leaving the address blank means the court has nowhere to send notice of the final hearing, and the divorce can be finalized without you ever knowing the date.

Misconception. Filers believe a P.O. Box is fine. It is — Texas allows a mailing address that is a P.O. Box for notice purposes, but make sure it is one you actually check.

Section 5: Statement on Children (If Applicable)

Plain English. If the marriage involves minor children, the waiver acknowledges the SAPCR portion of the case.

How to answer. Confirm the number of children, their initials (not full names, per Rule 21c), and that you received the SAPCR-related orders the petitioner is asking for.

Example. Janet writes 2 children, J.R. and L.R., both under 18, matching Marcus’s petition.

Nuance. If you and your spouse cannot agree on custody, do not sign a waiver yet. File an answer instead, so you keep full rights to participate in custody hearings.

Common mistake and consequence. Signing a waiver while disputing custody hands the petitioner the ability to set the prove-up and finalize orders without further input from you.

Misconception. Filers think a waiver and an agreed parenting plan are the same. They are not — the waiver is procedural; the parenting plan is substantive and lives in the decree.

Section 6: Signature of Respondent

Plain English. Your signature, in front of a notary, makes the waiver real.

How to answer. Sign in blue or black ink, in person or via Remote Online Notary. Do not sign before the notary is watching, even on RON.

Example. Janet Marie Rivera signs in cursive on the signature line, with her printed name beneath, in front of a Texas RON who is recording the session.

Nuance. Active-duty military respondents can sign in front of a JAG officer under 10 U.S.C. §1044a, which is treated as a valid notarization in Texas.

Common mistake and consequence. Signing first and walking the form to the notary later is the single most common waiver defect. The notary cannot acknowledge a signature they did not witness, and the form will be rejected.

Misconception. Filers think a witness is enough. It is not — Texas requires a notary, not a witness, on a waiver of citation.

Section 7: Notary Acknowledgment

Plain English. The notary’s stamp and signature confirm you signed willingly and showed valid ID.

How to answer. Hand the form to the notary. The notary fills in the date, county, expiration of commission, and stamps the form.

Example. A Travis County notary writes Sworn to and subscribed before me on March 12, 2026 and applies the seal next to Janet’s signature.

Nuance. Texas accepts both jurat (“sworn to”) and acknowledgment style notarizations, but the waiver specifically calls for a jurat because it is a sworn statement.

Common mistake and consequence. A missing notary seal voids the waiver. The clerk will return it and the petitioner cannot prove jurisdiction over the respondent.

Misconception. Filers think any notary works, including out-of-country embassy notaries. U.S. consular officers do count under 22 U.S.C. §4221, but foreign notaries generally do not without an apostille.

Three Filled-Out Examples Using Real Scenarios

Below are three realistic scenarios showing what a respondent enters on the Waiver of Service Only form. Each is a separate two-column table.

Scenario 1 — Short, No-Kids, No-Property Divorce: Aisha Brown

Form Section What Aisha Enters
Cause No. 2026-22841-D
In the Matter of the Marriage of David Brown and Aisha Brown
Court / County County Court at Law No. 2, Travis County, Texas
Respondent’s Full Name Aisha Nicole Brown
Last 3 of SSN / DL Field not present (no children)
Mailing Address 912 East 6th Street, Apt 4, Austin, TX 78702
Acknowledgment of Receipt Reads and confirms she received David’s petition on 03/01/2026
Waiver of Citation Language Left as printed, no edits
Children Section Not applicable — no children of the marriage
Signature Aisha Nicole Brown in blue ink in front of an Austin notary
Notary Block Travis County notary stamp dated 03/05/2026

Scenario 2 — Long Marriage With House and Retirement: Janet Rivera

Form Section What Janet Enters
Cause No. DF-26-04567
In the Matter of the Marriage of Marcus Antonio Rivera and Janet Marie Rivera
Court / County 301st District Court, Dallas County, Texas
Respondent’s Full Name Janet Marie Rivera
Last 3 of SSN / DL 789 / 456 (children version of form)
Mailing Address 4501 Maple Avenue, Apt. 7, Dallas, TX 75219
Acknowledgment of Receipt Confirms she received the petition with the proposed property division on 02/20/2026
Children Section 2 children: J.R. (age 14) and L.R. (age 11)
Notice of Hearings Checks the box to keep the right to notice of the final trial
Signature Janet Marie Rivera in front of a Dallas County notary on 02/24/2026
Notary Block Dallas County notary jurat with seal

Scenario 3 — Military Spouse Stationed Out of State: Carlos Mendez

Form Section What Carlos Enters
Cause No. 2026-FAM-1188
In the Matter of the Marriage of Sofia Mendez and Carlos Mendez
Court / County 407th District Court, Bexar County, Texas
Respondent’s Full Name Carlos Eduardo Mendez
Last 3 of SSN / DL Field not present (no minor children)
Mailing Address Unit 4220, Box 11, APO AE 09094
Military Status Notes active-duty U.S. Army stationed at Ramstein Air Base, Germany
Acknowledgment of Receipt Confirms PDF receipt of petition by encrypted DoD email
Signature Signs in front of a U.S. Army JAG officer under 10 U.S.C. §1044a
Notary / Acknowledgment JAG officer’s signature, rank, and unit stamp
SCRA Acknowledgment States he understands his SCRA rights and chooses to proceed

A fourth named filer worth noting is Marcus Rivera, the petitioner who is not signing the waiver but is relying on Janet’s correctly notarized waiver to set his prove-up. A fifth is Linda Pham, an incarcerated respondent at a TDCJ unit who signs in front of a TDCJ-approved notary, which is permitted because Texas notaries can be commissioned inside correctional facilities under Texas Government Code §406.005.

How to File the Completed Waiver

After the waiver is signed and notarized, it must be filed with the same district clerk that has the divorce case. Filing the waiver does not cost anything by itself, but the divorce filing fee already paid by the petitioner is separate. There are three filing channels in Texas, and most counties prefer or require electronic filing.

eFileTexas (online). Use eFileTexas.gov through a free or paid e-filing service provider such as eFileTexas’s approved EFSP list. Upload the signed PDF, choose the correct case, select the document type Waiver of Service, and submit. Processing is usually 1–3 business days. Save the envelope number confirmation email; it is your proof of filing.

By mail. Send the original notarized waiver to the district clerk’s mailing address, listed for example on the Harris County District Clerk site or the Travis County District Clerk site. Include a self-addressed stamped envelope so the clerk can return a file-stamped copy. Allow 7–14 days. There is no fee, but mail is the slowest option.

In person. Walk the original to the district clerk’s office in the courthouse. Most counties have intake windows open 8 a.m. to 5 p.m. weekdays. Ask the clerk to file-stamp two copies — one for your records, one for the petitioner. There is no fee for filing the waiver itself, although counties typically charge $1 per page for extra certified copies.

By fax. A small number of rural counties still accept fax filings under local rules, but most have phased it out in favor of e-filing. Confirm with the clerk before sending. Faxed waivers usually require the original to follow by mail.

For all channels, keep the notarized original somewhere safe. If the e-filed version is challenged, the original is the tiebreaker.

What Happens After You File

Once the waiver is on file, the divorce case can move forward without anyone serving the respondent. The petitioner can request a prove-up hearing as soon as the 60-day waiting period under §6.702 ends. That clock starts the day the petition was filed, not the day the waiver was signed.

The court will check three things at prove-up: that the petition was filed, that 60 days have passed, and that the respondent was either served, defaulted, or signed a valid waiver. A correctly notarized Waiver of Service Only satisfies the third element instantly.

If the divorce involves children, a contested issue, or the respondent later changes their mind, the waiver does not block the respondent from filing an answer or even a counterpetition before the final decree is signed. The waiver only gives up service; it does not give up the right to participate. Under §6.4035(c), the respondent can still ask for notice of trial.

After the final decree is signed, the case is closed, and the waiver lives permanently in the court file. The district clerk keeps both paper and electronic copies, retrievable through systems like the Travis County re:SearchTX portal or the county’s public case search.

Mistakes to Avoid When Filling Out the Waiver

Below are the most common waiver mistakes Texas district clerks see, each with the direct consequence.

  • Signing before the petition is filed. The clerk rejects the waiver because Rule 119 requires an existing case.
  • Wrong cause number. The waiver lands in the wrong case file, and the prove-up is reset.
  • Wrong court name. The court has no record of the case and refuses the filing.
  • Using a nickname instead of the legal name. The waiver does not match the petition’s caption.
  • Signing without a notary watching. The notarization is invalid and the waiver is void.
  • Missing notary seal. The clerk returns the form for a proper jurat.
  • Writing the full SSN. Violates Rule 21c and may be sealed or rejected.
  • Leaving the mailing address blank. The court cannot send notice of the final hearing.
  • Crossing out language in the waiver paragraph. Strikethroughs on a sworn form are rejected.
  • Using the no-children form when there are children. The SAPCR portion of the case is left unaddressed.
  • Filing in the wrong county. Venue is improper and the divorce can be transferred or dismissed.
  • Letting the form sit unfiled for months. Stale waivers raise judicial doubts about whether the respondent still consents.

Do’s and Don’ts

Do’s.

  • Do read the petition all the way through before signing, so you know what you are agreeing not to be served with.
  • Do match every name, cause number, and court name to the petition exactly, because the clerk treats the waiver as a sworn statement.
  • Do sign in blue or black ink and only in front of a notary, because Texas requires a witnessed sworn signature.
  • Do keep a notarized copy for yourself, because the original may sit in the court file forever.
  • Do file the waiver promptly after signing, because old waivers raise questions about ongoing consent.
  • Do choose the Waiver of Service Only version, not the older global waiver, because §6.4035 limits the global form.

Don’ts.

  • Don’t sign before the petition is file-stamped, because Rule 119 requires an existing suit.
  • Don’t write your full SSN or driver license number, because Rule 21c requires redaction.
  • Don’t waive notice of the final hearing unless you fully understand what you are giving up.
  • Don’t let the petitioner pressure you into signing the same day you receive the petition; you have time.
  • Don’t use a foreign notary without an apostille, because the clerk may reject it.
  • Don’t sign a waiver if you plan to contest custody, because it limits your leverage.

Pros and Cons of Signing on Your Own vs. With Help

Pros of pro se signing.

  • Free; no attorney fees because the form is straightforward.
  • Fast; an uncontested divorce can finalize right at the 61-day mark.
  • Simple form; only one sworn statement and one notarization.
  • Empowering; many Texans complete their divorce without ever hiring a lawyer.
  • Counties have free help desks that can review the form before signing.

Cons of pro se signing.

  • No legal advice; you may waive rights without understanding them.
  • Easy to make a notarization or formatting mistake that voids the waiver.
  • No safety net if the petitioner later changes the decree before prove-up.
  • The respondent loses the leverage of forcing formal service.
  • A signed waiver paired with a hidden asset issue can lead to a one-sided property division.

FAQs

Can I sign the waiver before the divorce petition is filed?

No. Rule 119 requires the waiver to refer to an existing suit. Sign only after the petition has a file-stamp from the district clerk.

Does signing the waiver mean I agree to the divorce?

No. It only waives formal service. You can still file an answer, dispute property, or contest custody before the final decree is signed.

Do I lose the right to attend the final hearing if I sign?

No. The Waiver of Service Only keeps your right to notice of the final trial under §6.4035(c), as long as you list a current mailing address.

Can my spouse sign the waiver for me?

No. Only the respondent can sign, in front of a notary, with valid government photo ID. Anyone else signing is fraud.

Do I need to write my full Social Security number on the waiver?

No. Texas Rule 21c and Family Code §105.006 require only the last three digits, and only on the children version of the form.

Can I use a Texas online notary if I am out of state?

Yes. A Texas-commissioned Remote Online Notary can notarize for any signer anywhere in the U.S., as long as identity verification is completed.

Is a P.O. Box acceptable as my mailing address on the waiver?

Yes. Texas allows a P.O. Box for the notice address, but only if you actually check it, because that is where the court and petitioner will mail hearing notices.

Do I write my maiden name or married name in the respondent box?

No maiden name. Use the current legal name on the petition; any name change happens in the final decree, not the waiver.

Can I sign the waiver if I am on active military duty overseas?

Yes. A JAG officer can notarize under 10 U.S.C. §1044a, and your SCRA rights are preserved even after signing.

Does the waiver shorten the 60-day waiting period?

No. Texas Family Code §6.702 requires 60 days from the petition filing date no matter how fast the waiver is signed.

Can I revoke a waiver after I sign it?

Yes, by filing an answer or counterpetition before the final decree is signed; that puts you back in the case and forces notice of every hearing.

Do I have to file the waiver myself, or can my spouse file it?

Yes, either of you can file. Most often the petitioner files it after you hand them the notarized original, but you can also e-file it yourself through eFileTexas.gov.

Is a witness as good as a notary on the waiver?

No. Texas requires a notary jurat, not a witness. A witness signature alone makes the waiver invalid.

Do I write the case number from the citation or from the petition?

Yes, write the cause number from the file-stamped petition. A citation may not exist yet if you are signing a waiver, because the waiver replaces it.