Serving Divorce Papers in Texas

Chris McCloy • Apr 02, 2024

Serving Divorce Papers in Texas

In Texas, as well as other places, divorce can be a complicated and emotionally intense procedure. Nonetheless, properly managing the legal aspects can greatly influence the journey. Serving divorce papers to a spouse is a vital step in offsetting the process of getting a divorce. This blog post is aimed at providing a detailed manual for people of Texas going through the process of serving divorce documents. It explores the legalities, and accepted methods of service to ensure the process is straightforward and emotionally sensitive.


Service of Citation

Serving citation is how one officially informed their spouse about the divorce filing. This legal paper offsets the divorce process and details the reasons for divorce, suggested splitting of assets, and plans for child custody (if needed). Your partner is allowed to reply to the petition within a certain time frame upon receiving the served papers.


Who Can Serve Divorce Papers in Texas?

The law in Texas demands that someone impartial should serve the divorce papers. The parties allowed to serve the papers are discussed below.


  1. Constable or Sheriff - These law enforcement officials can deliver the documents in person. A "Return of Service" is there after signed to confirm the successful delivery of the service.
  2. Process Server - A licensed process server is a professional/organisation specializing in serving legal documents. They follow the same protocol as law enforcement, ensuring proper documentation.
  3. Court Clerk (limited circumstances) - In some rare occasions, the court clerk might handle service. However, this is not always available. It is best to check with the court for clarification.


It is important to note that one cannot serve the papers by themselves in Texas.


Approved Methods of Service in Texas

  1. Personal Service - This is generally considered the most reliable method. This option requires the server or law enforcement officer to physically delivers the documents. The spouse is required to sign acknowledging receipt.
  2. Service by Certified Mail - If personal service is unsuccessful after repeated attempts, certified mail with a return receipt can be used as an alternative. The mail carrier delivers the documents, and a signed green card confirming receipt is returned as proof.


What to Include in the Service Packet

  • Original Petition for Divorce
  • Citation
  • Waiver of Service (optional, but allows spouse to waive the formal service process)
  • Information Sheet about Attorney Advice and Appointment of Attorney
  • Standing Order Regarding Discovery


Advantages of Hiring a Professional Server

  • Efficiency and Experience - Process servers are trained professionals experienced in navigating the legalities of service and locating your spouse.
  • Multiple Service Attempts - They will make repeated attempts to ensure successful personal service, minimizing the need for alternative methods.
  • Detailed Documentation - Process servers provide thorough documentation. They include all important information such as the date, time, and location of service, which are key for court records.
  • Peace of Mind - Hiring a process server also allows one to focus on other aspects of the divorce process.


Choosing the Right Process Server

Since there are many process servers, it is important to choose the right professional or organisation. Some of the key considerations include the following.

Experience- it is important to use a process server with a proven track record and experience in handling divorce cases.

Service Area- the chosen server must be operating in the specific county or the location where your spouse is likely to be found.

Pricing and Transparency- one is advised to get clear pricing information upfront. Some process servers offer flat fees, while others may charge based on attempts.


Why Diamondback Severs?

Dealing with a divorce can be a challenging and emotionally intense process. Serving divorce papers to your spouse is a key step in starting the legal process. Making sure that proper service is done may seem like a minor step, but it sets the stage for a more streamlined legal process. Diamondback Process Servers, is a Texas based organisation which takes pride in serving residents of Texas for more tban 5 years, and a client satisfaction rate of more than 90% for serving more than 500 documents.


Services Offered by Diamondback Severs

According to their website, Diamondback Process Servers provides legal support services to law firms, attorneys, businesses, and individuals across Texas. Specifically, they offered the following services:

  • Process Serving - This is their core service which involves delivery of various legal documents within Texas. This includes subpoenas, complaints, summons, family law documents, and documents directed to registered agents.
  • Court Filing - Diamondback also assist with filing legal documents such as lawsuits, petitions, contracts, and other instruments with the appropriate court.
  • Document Retrieval - Need to obtain court documents or other legal records? Their team can efficiently handle document retrieval on the clients' behalf.
  • Address Location Search - If locating your spouse proves difficult, Diamondback's address Location Search services can help track them down to ensure successful service of documents.


Advantages of Choosing Diamondback?

  • Local Expertise - Their team boasts in-depth knowledge of Texas legalities and procedures regarding service of citation. This localized knowledge ensures they navigate the process seamlessly and avoid delays due to non-compliance.
  • Commitment to Client Care - Diamondback emphasizes clear communication and keeping their clients informed throughout the service process. Their website highlights 24/7 access to a client portal for status updates and a focus on exceptional customer service.
  • Efficient and Reliable Service - They prioritize efficiency and reliability. Their process servers are trained to locate your spouse and deliver documents according to Texas legal requirements. Diamondback offers various service options to choose from including personal service, certified mail and address location searching.
  • Competitive Pricing - Their clients highlight affordability of their prices making them accessible to a broader client base including those who are financially disadvantaged. In addition, client testimonials highlight professionalism, responsiveness, and efficient service.
  • Experience - The organization has more than 5 years of experience in process serving. While valuable, it might be beneficial to compare this experience with other service providers, especially if your case has unique complexities.
  • Service Area - Diamondback has physical offices in San Antonio and Austin, Texas. However, their services are available across the entire state of Texas. This gives them an advantage since they have narrowed down on a specific jurisdiction.


Diamondback Process Servers offers a free consultation, allowing clients to discuss their specific situation and get a quote for their services. 

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