Legal Question in Family Law in Texas
Abandonment after 3 years-cannot find spouse
my child and i have been abandoned for 3 years now. we cannot locate my husband for all this time. can i go into court myself; without a lawyer; since i have no money; and am a student- cannot find a lawyer where i live to do pro bono work unfortunately. i want to get a divorce and have full custody of my child. can i file papers myself; and go to court- without the use of a lawyer? thank you for any help you can give me. i am desperate!!
1 Answer from Attorneys
Re: Abandonment after 3 years-cannot find spouse
First, where do you live?
There are probono attorneys all over the State of Texas. Several bar associations offer discount attorneys if you qualify for their program. Also, many law schools in Texas accept a limited number of free cases each semester.
Second, you can do a divorce by publication but be advised that it is expensive and time consuming. To begin you must make a "good faith" attempt to find your husband. The internet is a wonderful tool for this search. Make a list of all the websites you visit and the date you make the search. Keep a print-out of each search. You might also attempt to contact any family members and/or friends of your husband. Call his former employers. Call schools he attended. Look in Social Security records to see if he has died. BE SURE TO KEEP TRACK OF ALL THE RESEARCH YOU DO IN AN ORGANIZED MANNER!
If you file a divorce by publication, the Court will probably appoint an attorney (called an attorney ad litem for your husband) to look for your husband since he has the right to know about this lawsuit. You will get to pay for this attorney. You will need to show him all the research you have done (that will save you money).
You might look at sites like KnowX.com and Publicdata.com. These sites cost money but they are often helpful.
Texas law libraries should a set of books called the Texas Family Law Practice Manual that contains most of the forms you will need to get a divorce in Texas.
Good luck!