Legal Question in Family Law in Texas

how can i go about a divorce if me and my wife have been seperated for almost 2 years, i do not know where she lives, and she has already had a child with another man and has another one on the way. i want to get a divorce as soon as possible so i am not tied to her anymore and i can move on with my life. we have no children together but she has 2 with the guy she is with now. she left me to be with him.


Asked on 1/17/13, 10:43 am

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

You say you have no idea where she is, but you know she had one child and is expecting another. So you might have some idea how to contact her.

You need to file a petition for divorce and serve her with it. If you don't know where she lives or works, then think of someone very close to her (mom, sister, etc.) and ask the court to allow you to serve that person instead (Rule 106 alternative service). Once you get her served, ask the court for a DNA test on the two children to eliminate you as the father. You are the "presumptive" father under Texas law because she had the children while married to you. Once you get the DNA test results back eliminating you as the father, then proceed to finalize your case.

Good Luck!!

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Answered on 1/17/13, 10:56 am
Bruce Zivley Bruce C. Zivley, Attorney at Law

This is a complicated matter, and you will need an experienced attorney to assist you with this process. I would be glad to visit with you about both the lack of knowing where she is located, as well as the issue of children born during the marriage, but not of that marriage. My background and contact information can be found on my website at www.brucezivley.com Let me know if I can be of assistance.

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Answered on 1/17/13, 11:24 am


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