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What is service of process in a Texas divorce?

On Behalf of | Aug 12, 2022 | Divorce |

Even though your marriage seems like a personal matter between you and your spouse, the Lone State State has an interest in it. After all, before you married your husband or wife, you had to obtain a marriage license. You also likely recorded your marriage certificate with state officials.

Unsurprisingly, just as the state has an interest in your marriage, it also has an interest in your divorce. To end your marriage, you effectively must file a lawsuit against your spouse. To initiate this lawsuit, you must serve your spouse with divorce paperwork. This is service of process.

You must follow the rules

The Texas Rules of Civil Procedure dictate how you must inform your spouse of your divorce filing. According to these rules, a specific person must give the paperwork to your husband or wife or send it to him or her by certified mail. There are some exceptions to these rules, though, which may permit you to serve process by e-mail or even through social media.

Your spouse cannot hide forever

You have probably seen a movie or television show where one spouse hides from the other spouse’s process server. While your spouse may be able to hide temporarily, he or she likely cannot do so forever. Simply put, if your spouse is making it difficult for you to serve him or her with divorce paperwork, you can ask a judge to intervene.

You should be certain you comply with all the technical rules when serving your spouse with divorce papers. Ultimately, by correctly serving your husband or wife, you start your divorce on the right foot.