Waivers of citation clarified for divorce proceedings

Texas Family Code section 6.4035 was amended to clarify the requirements of a waiver of citation for a divorce proceeding. Effective September 1, 2015, a waiver of citation in a divorce case must be signed before a notary public who is not an attorney in the lawsuit and it may not be signed by digital signature. In other words, the signature must be a traditional pen-and-ink signature.

Likewise, Texas Family Code section 102.0091 provides that a waiver of citation in a SAPCR suit affecting the parent/child relationship must be signed in front of a notary public and with an original pen-and-ink signature, not digital. Further, a waiver of citation in a SAPCR proceeding must acknowledge receipt of a copy of the petition and provide the mailing address of the person signing.

Note that there are different rules for waivers of citation for incarcerated litigants.

To read the text of the new law, click on SB 814, 84R Texas Legislature.

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