(a) 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.
(b) The waiver must contain the mailing address of the party who executed the waiver.

Terms Used In Texas Family Code 6.4035

  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

(c) Notwithstanding § 132.001, 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.
(d) The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
(e) The party executing the waiver may not sign the waiver using a digitized signature.
(f) For purposes of this section, “digitized signature” has the meaning assigned by § 101.0096.

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