Legal Question in Family Law in Texas
My spouse who is in Germany sent me a signed notarized waiver, but it does not have an apostille attached. Can it still be used to complete our divorce. It is a simple uncontested divorce with no property, assets or children involved.
2 Answers from Attorneys
I would take it to the Judge and see if the Judge will accept it.
Now all a notary does is sign and show when their notary expires - the State of Texas no longer uses a "seal". So if the Waiver of Service is signed and dated by a notary, the judge will probably accept it.
Yes. The Waiver of Service is only required to be signed by the other party and notarized. An apostille is not required - these are generally used only for authentication of official state documents, like birth certificates, marriage licenses, etc. for use overseas.
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