default divorce

if spouse cannot be located what can i do

Asked on June 30, 2009 under Family Law, Texas


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Contact the clerk of the court where you are filing for divorce to find out what the proper procedures are for "serving" the divorce papers to a spouse who can't be located.

Usually courts allow "service by publication." This is where you place the notice of your divorce petition in a newspaper where your spouse is likely to be living. You will need to return a copy of the newspaper notice (with a statement of how long the notice ran in the newspaper) to the court for proof of service.

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