If a person has been seperated for 28 years, how can you get a legal divorce if you do not know where your spouse is located?

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If a person has been seperated for 28 years, how can you get a legal divorce if you do not know where your spouse is located?

Asked on August 24, 2012 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file your petition for dissolution of marriage with the court and since you don't know your spouse's whereabouts, your spouse can be served by publication.  Service by publication is running the notice of your petition for dissolution of marriage in the legal notices section of a newspaper for a specific period of time.  The required period of time that the notice has to run in the legal notices section of a newspaper varies from state to state.  Your court clerk can tell you how long the notice has to run in the legal notices section of the newspaper for it to constitute valid service by publication.  Service by publication is effective even if your spouse never sees the notice in the newspaper.


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