Legal Procedure

Waiver

A voluntary relinquishment of a legal right, such as the right to receive service of process or spousal support.

Understanding Waiver

In divorce proceedings, waivers are used for various purposes. A waiver of service allows the respondent to acknowledge receipt of divorce papers without formal service, saving time and money. A spouse may waive their right to spousal support as part of a settlement. Waivers must be knowing and voluntary — courts may refuse to accept a waiver if the person did not understand what they were giving up or was pressured into signing.

Real-World Examples

He signed a waiver of service, acknowledging he received the divorce papers and did not need to be formally served.

Related Terms

Stipulation

A formal agreement between both parties on specific issues in the divorce, submitted to the court for approval.

Service of Process

The formal delivery of legal documents (like a divorce petition) to the other party, giving them official notice of the proceedings.

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.