Waiver surrender of some known right, relinquish the right which generally may either result from an
express agreement or circumstances.
In divorce case, the waiver duty can avoided unnecessary costs if used with Service of Summons,
especially for an uncontested divorce.
For example in South Carolina of the Federal Rules of Civil Procedure; requires certain parties to
cooperate in saving unnecessary costs of service of the summons and complaint. A defendant located in
the United States who, after being notified of an action and asked by a plaintiff located in the United
States to waive service of summons, fails to do so will be required to bear the cost of such service
unless good cause be shown for its failure to sign and return the waiver.
A defendant who waives service must within the time specified on the waiver form serve on the
plaintiff's attorney (or unrepresented plaintiff) a response to the complaint and must also file a signed
copy of the response with the court. If the answer or motion is not served within this time, a default
judgment may be taken against that defendant. By waiving service, a defendant is allowed more time
to answer than if the summons had been actually served when the request for waiver of service was
How to prepare on the legal papers?
Answer to Complaint (Petition)
Civil Action #/ Docket #
Complaint for Divorce
Name title / Name Change after Divorce
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