Houston, TX asked in Divorce for Texas

Q: I have filed all necessary paperwork, waited to 60 days. Can I serve my wife via certified mail?

I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?

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1 Lawyer Answer
Victoria Collins
Victoria Collins
  • Fort Worth, TX
  • Licensed in Texas

A: An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer. If she does not file an answer you may then go before the judge to finalize.

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