Serving Divorce Papers in Texas: Your Options

Texas courts cannot finalize a divorce without proof that the respondent was properly notified. Service protects the respondent's right to participate, even when both spouses agree on everything.

In an uncontested case, the simplest path is a notarized Waiver of Service. Your spouse signs in front of a notary, acknowledging receipt of the petition and giving up the right to formal service. The waiver is filed with the court and lets the case proceed without a process server.

If your spouse will not sign a waiver, you request a citation and have it delivered by an approved method. Personal service by a sheriff, constable, or certified private process server is most common. The server files a return of service with the court as proof.

Some Texas counties allow service by certified or registered mail with restricted delivery, with the return receipt filed as proof. Rules and acceptance vary by court, so confirm what your county allows before relying on it.

If you do not know where your spouse is, you may serve by publication after a diligent search and a court order. Publication is more complex, often requires a court-appointed attorney, and may limit what the court can decide. These cases are flagged for manual review.

For the full service methods and edge cases, see our Texas service of process topic page. If your spouse will not cooperate or cannot be located, the case may not fit a standard uncontested packet.