Legal Question in Family Law in Texas

Way to file without signature???? Can Not Find Spouse for Waiver Signature...

My boyfriend, just recently found out that he is not divorced. We have pretty much all of his hopefully soon to be ex-spouse's information to file the paperwork. But we can not find her to get her signature on the waiver to submit. IS THERE A WAY TO FILE WITHOUT HER SIGNATURE? I have heard of placing a public notice ad stating that he is filing for divorce in the local newspaper, but can not FIND ANY LEGAL FORMS (regarding divorce public notices) OR INFORMATION ABOUT THIS. Is there something like this out there or another way to go about this?????? PLEASE HELP AND ADVISE!


Asked on 5/05/04, 12:39 pm

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Way to file without signature???? Can Not Find Spouse for Waiver Signature..

There are no forms to help you of which I am aware. You would have to get a court order for alternative service and to do that you must verify that you made a diligent search (ie: questioned friends and relatives, used an internet search, etc.) If you do serve by publication, you take a risk that she could come back later and overturn the default judgement, so it is best to find her if you can. You should hire an attorney to do the motion and order for service by publication.

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Answered on 5/05/04, 7:23 pm


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