Substituted Service by Court Order. You can ask the judge for permission to serve your spouse another way if the constable, sheriff, or private process server has tried to serve your spouse in person or by registered or certified mail without success and can confirm that your spouse lives, works, or can be found at the location where service was attempted.If someone else signs for the letter or your spouse does not sign his or her name exactly as it is written on your Original Petition for Divorce, you will have to pay another fee and have your spouse served a different way.
Warning! You should only use service by registered or certified mail if you know that your spouse will sign for the certified letter. See Texas Rule of Civil Procedure 106(a)(2). If the return receipt (or “green card”) is signed by your spouse and returned to the clerk, the clerk (or constable) will complete a Return of Service form that says when and where your spouse was served, and file the completed Return of Service with the court or send it to you to file. The clerk (or constable) will mail the initial divorce papers to your spouse by registered or certified mail, return receipt requested. Service by Registered or Certified Mail, Return Receipt Requested.(The Return of Service is proof your spouse was served.) Your spouse will not have to sign anything. See Texas Rule of Civil Procedure 106(a)(1). Personal service (This method is best). The constable, sheriff, or private process server will: deliver the initial divorce papers to your spouse in person complete a Return of Service form that says when and where your spouse was served and file the completed Return of Service with the court or send it to you to file with the court.You can have a constable, sheriff, private process server, or the court clerk serve your spouse with the initial divorce papers using one of these methods.
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