Divorce cases rise and fall on paperwork. A missing signature, a waiver signed on the wrong day or a declaration without the required language can send you back to start over. For couples in New Braunfels and Comal County trying to finish an agreed divorce, getting signatures right is often the difference between a quick final hearing and weeks of delay. This page explains which divorce documents typically need signatures in Texas, which must be sworn, and how the waiver of service works. Where details vary by court or change over time, check with your family law attorney or the district clerk before relying on a particular method.
The Main Divorce Documents and Who Signs Them
| Document | Who usually signs | Sworn or notarized? |
|---|---|---|
| Original Petition for Divorce | Petitioner or petitioner’s attorney | Generally no |
| Waiver of Service | Respondent | Yes: notarized or an unsworn declaration |
| Answer or Counterpetition | Respondent or respondent’s attorney | Generally no |
| Sworn Inventory and Appraisement | The spouse providing it | Yes, when filed as a sworn inventory |
| Affidavits supporting temporary orders or certain motions | The person giving the facts | Yes |
| Mediated Settlement Agreement | Both parties, plus attorneys present | No, but strict signature requirements apply |
| Agreed Final Decree of Divorce | Both parties, and attorneys if any | Generally no |
| Deeds and title transfers after the divorce | The spouse transferring property | Deeds are typically notarized |
Requirements can change and courts may have their own preferences, so this table is a general guide rather than a rule for every case.
Signing the Petition
The petition starts the case. It is signed by the filing spouse if they are representing themselves, or by their attorney. Petitions filed electronically through the Texas e-filing system can carry an electronic signature. A petition generally does not need to be notarized.
The Waiver of Service: Texas Requirements
In a cooperative divorce, the respondent spouse often signs a Waiver of Service instead of being formally served by a constable or process server. Texas Family Code § 6.4035 sets out requirements for this document in divorce cases. In general terms:
- Timing. The waiver must be signed after the petition has been filed. A waiver signed before filing is a common reason a court rejects the paperwork.
- Copy of the petition. The waiver acknowledges receipt of a copy of the filed petition, so the respondent should actually receive it.
- Sworn. The waiver must be sworn before a notary who is not an attorney in the case, or signed as an unsworn declaration that meets Texas requirements.
- Contact information. The waiver should include the respondent’s mailing address and other required identifying information.
- Signature type. Texas law restricts the use of digitized signatures on this waiver. A handwritten signature is the safest approach unless your lawyer confirms another method is acceptable.
What a waiver does and doesn’t do
A waiver means the respondent does not need to be formally served. It does not mean the respondent agrees with everything in the petition. Some waiver forms also waive notice of later hearings or the making of a record; others include an agreement to sign the final decree. Read the specific form before signing.
If the respondent wants to be notified of hearings and to have a say, they may prefer to file an answer instead of a broad waiver. If you are the respondent and you disagree with the case, talk to a lawyer before signing anything.
Notary or Unsworn Declaration?
Texas allows many documents that would otherwise need a notary to be signed instead as an unsworn declaration under Texas Civil Practice and Remedies Code § 132.001. An unsworn declaration is a written statement signed under penalty of perjury. To be valid, it must use a specific form of jurat, which generally includes the signer’s full name, date of birth and address, and a statement that the information is true and correct, signed and dated.
An unsworn declaration can be helpful when:
- Your spouse lives in another state or country
- A spouse is incarcerated (a different form of jurat applies)
- Finding a notary is difficult
Because the wording must be precise, use a form that tracks the statute or have your lawyer prepare it. False statements in a declaration carry the same consequences as a false statement under oath.
Online and remote notarization
Texas permits online notarization by commissioned online notaries in many situations. Whether a particular court will accept an electronically notarized document, and whether it fits the waiver requirements, is worth confirming before you rely on it.
Signing the Agreed Decree
In an uncontested divorce, both spouses sign the Agreed Final Decree of Divorce, usually under a line stating they approve it and consent to its form and substance. Any attorneys sign too. The decree generally does not need to be notarized, but it must be signed by the judge to become effective.
Before signing, read every page. The decree controls property, debts and, if you have children, conservatorship, possession and support. A signature on an agreed decree is very difficult to take back.
Mediated Settlement Agreements
If you settle at mediation, you sign a mediated settlement agreement. Under Texas Family Code § 6.602, such an agreement is binding if it includes a prominently displayed statement that it is not subject to revocation, is signed by each party, and is signed by each party’s attorney who is present at signing. Once signed, it generally cannot be withdrawn, and the court will typically enter judgment on it. See divorce mediation.
Post-Divorce Signatures
Some signatures come after the decree:
- Deeds to transfer real estate, usually signed before a notary and recorded with the county clerk
- Vehicle title transfers through the county tax office
- Retirement plan forms and QDRO paperwork
- Beneficiary changes on life insurance and accounts
If a spouse refuses to sign required transfer documents after the divorce, the court can enforce the decree. See enforcing a divorce decree.
Common Signature Mistakes We See in Comal County Cases
- Waiver of service dated before the petition’s file stamp
- Waiver notarized by a lawyer who is an attorney in the case, or signed with no notary and no proper declaration
- Unsworn declaration missing the date of birth or address
- One spouse signing for the other, even with permission
- Signing an agreed decree that has blank spaces to be “filled in later”
- Signatures on an outdated version of the decree
What If Your Spouse Won’t Sign?
You do not need your spouse’s signature to get divorced in Texas. If they will not sign a waiver, have them formally served. If they do not answer, you may be able to proceed by default. If they answer and disagree, the case moves forward as a contested divorce.
Talk With a New Braunfels Family Lawyer
Paperwork mistakes are avoidable. Our family law team prepares and reviews divorce documents for clients in New Braunfels, Comal County and nearby counties, so signatures are done correctly the first time. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Does my spouse have to sign the divorce papers for the divorce to happen?
No. A spouse’s signature makes an agreed divorce faster and cheaper, but it is not required. If your spouse will not sign, they can be formally served, and if they do not respond the case may proceed as a default divorce.
Can my spouse sign the waiver of service before I file?
No. Under Texas law, a waiver of service in a divorce must be signed after the petition has been filed, and the person signing should receive a copy of the filed petition. A waiver signed before filing may be rejected.
Do divorce papers need to be notarized in Texas?
Some do and some do not. The petition and agreed decree generally do not require a notary. Sworn documents, such as a waiver of service or certain affidavits, must be signed before a notary or by a properly worded unsworn declaration under penalty of perjury.
Does signing a waiver of service mean I agree with everything in the petition?
No. A waiver only acknowledges that you received the petition and do not need formal service. Depending on its wording, though, it may waive further notice of hearings. Read it carefully and do not sign one if you disagree with the case and want to be notified.
Can my spouse sign from another state or overseas?
Usually yes. A spouse outside Texas can often sign before a local notary, or use an unsworn declaration that meets Texas requirements. Military members may have access to notary services on base. Confirm the method with your lawyer before your spouse signs.
Last reviewed November 13, 2026. General information only, not legal advice.