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A quick and easy divorce requires the presence and cooperation of both spouses as well as a divorce lawyer to facilitate the process.
So what do you do if you want a divorce and have no idea where your spouse is located?
In Texas, it is still possible as long as certain requirements have been fulfilled and with the help of a divorce attorney experienced in such a situation, a legal divorce from a missing spouse can still be completed.
What Happens When A Spouse Cannot Be Located?
Divorcing in Texas involves a legal process that begins with you and a lawyer preparing and then serving your spouse with a notice of intent to file papers with the family court to start the divorce process.
Regardless of whether your spouse is in agreement or contests the request to divorce, they must sign their receipt of the petition and react to it accordingly.
This obviously becomes impossible to do when a spouse is missing, whether they are in hiding for some reason or left the state without leaving any contact information.
Fortunately, there is a process for these situations called Divorce by Publication.
What Is Divorce By Publication?
The problem faced when a spouse is missing is providing the notification in person of your intent to file papers to get a divorce.
One option that a divorce attorney can guide you through in this case is Divorce by Publication.
If a diligent search is performed and the missing spouse is not located, the Texas court permits spouses to file a request with the court to publish the petition to end the marriage in a local newspaper or other publication.
What Is The Process of Divorcing By Publication?
As easy as it sounds, getting a Divorce by Publication can be quite a process and usually requires the assistance of a divorce lawyer:
- Due Diligence - You must do a thorough search for your missing spouse using all methods possible and provide proof of those searches to show that all means of finding them have been exhausted.
- Attorney Search - After an unsuccessful search, the court may require an attorney to attempt a search as well.
- Citation by Publication - If the second search is still unsuccessful, the process can then continue with the filing of a series of affidavits stating so, including Certificate of Last Known Address, Service Member Affidavit, Statement of Evidence regarding the marital property, and a number of others after which an Affidavit for Citation by Publication may be filed.
- Publication of Citation - After all affidavits have been filed and approved, you may then place notice of divorce in the approved publication. The publication must send a Return of Citation to the court proving that the notice was published.
- Filing for Divorce - After waiting 30 days from the publication of the petition to divorce, you may file to start the legal process for divorce.
Looking To Divorce A Missing Spouse?
If you are seeking a divorce in Texas and cannot locate your spouse, a divorce lawyer can help.
While Divorce by Publication should be considered a last resort, with time and effort you can still get a divorce in Texas even with a missing spouse.
A divorce attorney experienced with challenging and complex cases can guide you through the process so the divorce can finally be granted by the family court.
