Waiver of Service

One waives service of a Petition when they file a Response to a Petition before being formally served with the paperwork. This is common where one party simply hands the documents to the other parties. In that case, the responding party has not been formally served, but they effectively acknowledge service when they file a Response, thereby negating the need for formal service. In divorce matters, under this scenario, the day the Response becomes the date of service and starts the 60-day cooling-off period.