We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is a Divorce Waiver?

Leigia Rosales
By
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Waivers of many kinds are often used in the law. In a divorce case, a divorce waiver may refer to a fee waiver, a waiver of service, or a waiver of the final hearing. As with all documents involved in a divorce case, a divorce waiver must be filed with the court and will become an official part of the court record.

One type of divorce waiver that may be applied for in a divorce proceeding is a fee waiver. When a petitioner, or person filing the divorce, does not have the funds the pay the filing fee, many jurisdictions allow him or her to apply for a fee waiver. The court may request proof of the applicant's financial situation before making a decision as to whether or not to approve the waiver. If the court does approve the waiver, then the petitioner will be allowed to file the petition for divorce without paying the required filing fee.

Another type of divorce waiver is a waiver of service. In all civil lawsuits, including a divorce, the respondent must be served with a copy of the petition filed by the petitioner. Service of process may be accomplished in a number of different ways, such as service by the civil sheriff or a licensed process server, service by registered or certified mail, or service by publication. In a divorce, if both parties wish to save the time and expense of using one of the traditional methods of service, the respondent often has the option to waive service and simply accept a copy of the petition directly from the petitioner. When service is accomplished in this manner the respondent must usually sign and file with the court an affidavit acknowledging receipt of the petition and thereby waiving service.

A divorce may be disposed of by the parties reaching a mutually acceptable agreement regarding all the issues in the divorce or by the case proceeding to trial where a judge or jury will decide all contested issues between the parties. When the parties are able to reach an agreement, the agreement must be reduced to writing and signed by both parties. In addition, the parties must sign a divorce waiver of final hearing, which tells the court that both parties are aware that they have a right to have the judge or jury decide any contested issues, but they have elected to waive that right because they have reached a mutually satisfactory agreement.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales , Former Writer
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.

Discussion Comments

By anon328115 — On Apr 01, 2013

Can the time period be waived if there is abuse?

Leigia Rosales

Leigia Rosales

Former Writer

Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.