Question: My husband is filing for a divorce, and wants me to hurry and sign the Waiver of Service. Which I take it to mean that I'm acknowledging that I was served and nothing more. Is this correct? If I sign this acknowledgment will it affect my divorce in any way?
Answer:
Rule 40(F) of the Arizona Rules of Family Law Procedure states, "The person to whom a summons or other process is directed may accept service, or waive issuance or service thereof in writing, dated and signed by that person, and subscribed and sworn to (or affirmed to) before a notary public, and the acceptance or waiver shall be filed with the clerk." Note that waiver of service generally cannot occur until a petition for dissolution (divorce) has been filed with the court. Signing the Waiver waives formal service by a process server or sheriff. You can view an Arizona family law form of acceptance on the Maricopa County Superior Court's website. Note that Paragraph 3. of the form says, "I am aware that accepting service of these court papers and signing ths paper does not affect my right or obligation to file a written Response or Answer to this action if I do not agree with any relief asked for in the Petition."
April 21, 2009
Legal Services Corporation