If you have questions or want to make sure the agreement is in your best interest (and that of your children if you have children), talk to a lawyer before signing it. Click here for help finding a lawyer. Your spouse has filed for divorce and they have presented you with a document entitled “Waiver of Service” in which you are asked to sign it, have it notarized and return it. But what does this document mean? As a general rule, I advise you not to sign the waiver of the service. If a waiver is the only document submitted to you for signature, it is obvious that some red flags are placed. The reason is that the waiver of service and notification was invoked in the case and states that you waive your right of formal notification, that you informally accept the original petition for divorce by providing you with a copy of it, you waive your right to be informed of other judicial information and that the case can be brought in court without you. You must have your notarial written consent (or “predetermined judgment”) certified. Make sure that when the agreement is signed, you understand everything you accept. Why would that be a problem? If all you sign is the waiver of the service without knowing what agreement will be submitted to the court, then it is strongly discouraged to do so. You do not want to sign your termination rights and you have no idea of the type of final divorce decision – especially the terms – that will eventually be signed by the judge. Another reason why signing a waiver of the service could be problematic is that you did not consult a lawyer about your divorce rights and you did not answer your questions.
Even if you finally wanted to sign the waiver, you should first meet with a lawyer. Questions that always arise: Are you sure you know all real estate and debts; Are you sure you don`t want to clarify some issues before signing this; You are safe on income when calculating child care Etc. There are a number of issues that need to be developed before a termination of service is signed. As a general rule, a spouse will respond to the marriage dissolution petition by filing an appearance that will sign the agreed divorce decree and waiving any further notification from the court. The only way to give up the service is, if you have it, to sign up with a final divorce decision. This would ensure that you have been able to verify the agreement proposed by your spouse and know what they are trying to propose to the court.