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What is a service of citation?

On Behalf of | Oct 31, 2021 | Divorce |

When you file for divorce, you musty provide notice to your spouse that you filed with the court. Texas Court Help explains when you do this, it is a service of citation.

The service of citation gives your spouse notice that you filed for divorce. It lets him or her know a legal process involving him or her has begun.

Serve the notice

You have the responsibility to notify your spouse and serve the citation. The court will not do this for you unless you pay a fee. To do it yourself, you can deliver it in person, but you must hire someone to do it for you so you have proof of delivery.

You can also mail it via certified mail, which will provide you with proof of delivery. Do note that you cannot deliver it, and you cannot have anyone related to you deliver it.

If you do not know where your spouse is or cannot set up delivery of the notice, you have the option to service it through positing or publication. You can put a notice in the newspaper to do this. Do note that the court will require proof that you exhausted all other efforts to notify your spouse of the divorce filing.

Once you have proof of delivery, which is a return of citation, you must file it with the clerk’s office. The court will not move forward with your case unless you have the return of citation filed.

Option to waive

If you and your spouse are present when you file for divorce, he or she can sign a waiver of citation. This document must go to the clerk when you file your petition. In addition, your spouse must get a notarization for the document.