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Difference between "the acceptance of service of process of these copies" and "a waiver of service of process"?

  • THis is regarding a DIVORCE. In the ACCEPTANCE/WAIVER OF SERVICE OF PROCESS AND WAIVER OF FUTURE SERVICE OF PROCESS form my wife had two options to choose from. I understand that my receipt of these copies and my signature below constitute [ ] the acceptance of service of process of these copies, or [ ] a waiver of service of process and notice which may be prescribed by law. she picked the second option because you could only pick one.. does this mean that she accepts and we can proceed with the divorce.. that's what she wanted to say but the form was confusing and it only let her pick one.. we are going for a uncontested divorce. NO property, NO children.. I did all the paper work and this was the final one... Now i am confused about what exactly the second option means... Because the first option is correct too. She does accept.. but she also wanted to waive everything else. This is how the Main body of the form was filled out. 1. I understand that my receipt of these copies and my signature below constitute [ ] the acceptance of service of process of these copies, or [X] a waiver of service of process and notice which may be prescribed by law. 3. I agree to voluntarily and freely waiver any future service of process and notice as checked below in this case: [X] a. any further service of process. [X] b. notice of the appointment of a commissioner in chancery and hearings held by such commissioner in chancery, if a commissioner in chancery is appointed. [X] c. notice of the taking of depositions. [X] d. notice of the filing of any reports by a commissioner in chancery of the filing of depositions. [X] e. notice of testimony to be given orally in open court. [X ] f. notice of entry of any order, judgment or decree, including the final decree of divorce. I understand that, by waiving service of process, I am giving up my right to be notified of the events described immediately above. Was this done correctly for an uncontested divorce, and she accepts and waives everything, I am the only one who has to show up in court. that's what i was told. Please advise. thank you

  • Answer:

    It was done correctly for YOU, and if she isn't contesting anything than it should be just fine for her as well. What she is doing is stated in the last sentence. She is waiving her right to even be notified, both now and in the future, of any legal proceedings, including court dates. So she is not required to be in court, although you still do if you want this case resolved. And congrats for doing it yourself, it's really not that hard if uncontested and no appraisals, or Parenting Plan.

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