One of the first questions that many potential clients ask is how to minimize costs during a divorce. For the cost-conscious consumer there are numerous steps that may be taken during the divorce proceedings to save money. One of the most cost-efficient techniques occurs at the onset of the case.
Before a divorce decree may be entered, each party must be properly before the court. The petitioner, the party filing the divorce suit, is generally properly before the court at the time the suit is filed. However, the Respondent, the party against whom the suit is filed, must appear before the court. This may be accomplished in either of two ways. The Respondent must be served with the petition for divorce or the Respondent must waive service.
If the Petitioner believes the Respondent will voluntarily waive service, then the Petitioner should let their attorney know immediately that a waiver is to be prepared. The attorney will then file the petition, prepare the waiver, and give each item to the Petitioner to present to the Respondent. The Respondent must then sign the waiver, the signature must be notarized, and the notary must sign the waiver. The waiver is then returned to the divorce attorney for filing with the court. The process is simple and cost-efficient.
Problems arise when the Petitioner tells the Respondent suit has been filed, asks the Respondent to sign the waiver, and the Respondent refuses to do so. The Respondent then knows that the petition must be served. If the Respondent elects to accept service, then the only cost to the Petitioner is the cost for the process server. However, the Respondent might attempt to evade service. If so, then the cost for the process server could be significantly greater as the process server might have to make multiple attempts to serve the Respondent. If the Respondent actively avoids service, the judge may require the Respondent to pay the Petitioner for the additional costs.
Before suit is filed, the Petitioner should discuss with their divorce attorney whether to attempt to use the waiver or personal service. Given the costs associated with each, it is an important decision that requires careful consideration and counseling between the attorney and the client.
Faun Rowland is an attorney that has been practicing in the area of family law for fifteen years. In addition, she has been an adjunct professor of law at Tarrant County College for approximately seven years. Faun is a member of the State Bar of Texas, State Bar of California (inactive), Tarrant County Bar Association, and the Tarrant County Family Law Bar Association.
The Law Offices of David S Kohm and Associates has been providing legal representation in the DFW area for over 20 years. Now with offices in McKinney and Keller, when it comes to your financial well-being through a divorce, whether contested divorce, or uncontested divorce, we are attorneys you can trust.
