What do I do I I want to get a divorce but Ave no way to contact my husband?
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What do I do I I want to get a divorce but Ave no way to contact my husband?
I have been married for 3 years and my
husband and I have been separated for the
last 2 years and 11 months we Ave no
contact I have no idea where he works or
anything
Asked on September 19, 2019 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Regarding any legal proceeding, "notice" is required to be given. In a divorce action this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via a "divorce by publication". Pursuant to this, you as the filing spouse (i.e. the petitioner"), must make a genuine effort to locate your husband as the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made an adequate search for him. Once you've done so, you will be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; as a general rule it will be one in the area of his last known address). If your husband fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request. The divorce will typically be finalized within about 60-90 days (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Regarding any legal proceeding, "notice" is required to be given. In a divorce action this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via a "divorce by publication". Pursuant to this, you as the filing spouse (i.e. the petitioner"), must make a genuine effort to locate your husband as the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made an adequate search for him. Once you've done so, you will be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; as a general rule it will be one in the area of his last known address). If your husband fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request. The divorce will typically be finalized within about 60-90 days (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.
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