Whether due to estrangement, disappearance or abandonment, some people leave our lives abruptly. When you marry someone who leaves and can’t be located, are you trapped in limbo or can you end the marriage lawfully?
You can divorce an absent spouse in Texas. However, it’s important to have information and legal guidance. Here are a few things to know.
Texas residency requirement
You or your spouse must meet the residency requirements before filing for divorce. At least one party must have lived in Texas for six months and in the filing county for at least 90 days. If you meet these requirements, you can initiate divorce proceedings even if your spouse is not around.
The divorce petition
To start the process, you can file an Original Petition for Divorce with the court in your county. If your spouse’s location is unknown, you will need to take some additional steps to notify them about the divorce proceedings, as required by law.
Service by publication
If your spouse cannot be located after making diligent efforts, you can request to serve them by publication. This involves publishing a notice of the divorce in a local newspaper or another court-approved method. This step satisfies the legal requirement of notifying your spouse.
Finalizing the divorce
After serving by publication, the court may appoint an attorney ad litem to represent your spouse’s interests. If the court determines you have met all requirements, it may grant a default divorce in your favor, allowing you to move forward without your spouse’s involvement.
While the law provides procedures that help you achieve closure, having personalized legal guidance can help you avoid any missteps in the process.