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v Family Matters v “Waiver of Citation – Part 2:What Did I Just Waive?LBy Brooke Irey, Attorneyast month I introduced you to a document known as a Waiver of Citation (aka Waiver of Service).You may recall that this is a document used by one party to avoid having to be served formally by the initiating party. Being “served” can often be embarrassing for the person receiving the citation, so in many non-adversarial situations a party will elect to waive service.But what exactly does this mean? What did you waive?On the most basic level, it means that you waived your right to have an officer of the court (a sheriff, constable or third-party approved to serve citations) to come hand you a document that initiates a lawsuit. This does not mean that you are waiving any of your other rights. You still have a right to answer the lawsuit and demand that the initiating party prove all elements of his/her suit. If this is a divorce action it still means you have a right to see your children and to request custody; you still have the right to make claims for marital property, and to defend any action. A waiver of service, in its most basic level means that you are only waiving the requirement to be servedHowever, there are many times whenKathleen Banse830-438-7025 www.kathleenbanse.comAnhalt Hall Germania Farmer Verein& The Texas JodyNixCowboysSeptember 21st, 2024Live Music7:00pm - 11:00pm$20 General Admissionwww.anhalthall.com2390 Anhalt Rd., Spring Branch, TX 7807043rd AnnualRain or ShineBring in ad for Buy 1/Get 1 at GateSaturday - Sept 28thLakehills Community Center 11225 Park Road 37Gates Open 11am-10pmNEW! Zydeco Party FREE admission after 8pmHome of the Great Gumbo CookoffAdvance Admission & Multi-Pack Discounts www.cajunfestival-medinalake.comor scan the QR codeLakehills TXA WORLD OF WINE AWAITSExplore globally curated wine list in our chic wine room or on the breezy outdoor lawn. A perfect spot for celebrating the weekend!Book us for your next event and create unforgettable memories.Friday4-9PM Saturday1-9PMSunday1-6PMBring this ad in for 25% off bottle of your choice(830)-438-855030790 Blanco Road, Suite 101 Bulverde, TX 78163Daniel Lane Vineyard daniellanevineyard.com Daniel_lane_VineyardSADaniel Lane Vineyarda lawyer may add additional elements to a waiver. For instance, the request to waive the right to a jury may be included, or the making of a record on entry of final orders. I’ve even seen some requests where they do ask the party to waive rights to conservatorship! Since all of these extra clauses may be put into a waiver of service, it is highly advised that you seek the advice of counsel to review the waiver before signing. If that is not an available option, remember that you do not have to sign a waiver, you can always elect to still be personally served, and in many cases I know process servers that are happy to meet you at specified time and place to avoid any embarrassment.Lawsuits can be scary, especially divorce, because of all the underlying emotions. Just remember to take deep breathes and reach out if we can be of any assistance, even if just to review a waiver.Brooke Irey, Attorney Branch Family Law549 Heimer Rd., Suite 200 San Antonio, Texas 78232 (210) 229-2088 www.branchfamilylaw.comSip. Celebrate. DiscoverSeptember 2024 www.bsbhighlights.com 11