How do I go about obtaining a divorce by publication?
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How do I go about obtaining a divorce by publication?
I’m seeking a divorce from my soon-to-be ex that now lives in TN, address unknown. I live in TX. I already have the notarized divorce settlement agreement, all I need is the waiver of citation. Does that make it possible to do a divorce by publication?
Asked on August 15, 2011 Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So you and your spouse actually entered in to a settlement agreement as to your assets and then he or she disappeared thereafter? And there is a divorce proceeding actually pending now in the courts and the courts have jurisdiction over your spouse? I would check with an attorney in your state to be sure that you are doing things properly but generally speaking, you have to show that you have done what is known as "due diligence" in order to be able to publish in the paper for any legal proceeding. You have to show that you made an effort to locate the other party and then the court signs an order allowing you to publish and states when, where and how many times. Then you have to file the proof with the court that publication was done. Get help please. Good luck.
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