Waiver of Process? Is this a trick?

[chillee2222]

I live in Mississippi. My wife filed for divorce. I checked my PO Box last week and found her lawyer had sent me the papers by mail. Along with a copy of the complaint for divorce and property agreement, I found a Waiver of Process. In the waiver there is something that has me confused. here's what it reads:

"4. Affiant hereby waives the service of process in this cause, and enters his appearance herein for all purposes, with the same effect as if he had been duly served with process, in the manner required by law, on the date of the date hereof, and consents for said cause to be heard and determined at any time convenient to the Court."

So does this mean that i am waiving my right to appear in court? Because someone told me that if I did then they could change the property agreement, without me even being there, when they went to court and they could put the screws to me.

 

[lwpat]

No. This just means that you agree that you have been properly served with the papers. The only problem would be if you want the hearing to be held in another jurisdiction. I always love the "someone told me" threads.

 

[chillee2222]

I was advised by a local lawyer. She explained to me that by signing the waiver it meant that i was accepting the papers by mail in lue of being served by process server AND that they would no longer have to contact me or notify me about anything regarding this case. She also advised me that i didnt want to do that, she said to not sign it and to notify her lawyer that i did want to notified of any and all changes.

 

[Scooterdog]

I don't know why they do that. I had a lawyer years back in a custody matter, and the damn fool mailed it to them. They refused it. By the time we got the mother served, they were very well prepared and walked all over us. So, it could be to your advantage. It gives you a little more time to respond to the petition/complaint if you refuse it by mail.

Plus, when you make them serve you with a process server, it cost her more money!