Legal Question in Family Law in Texas
Separated for 8 years-Ex-Husband Missing-How to Divorce?
I currently live in New Jersey, and lived in NYC the past 7 of 8 years. Prior to moving up here, I was married for short time to someone in Texas. We split up due to adultery on his part. I signed separation papers with his lawyer--but I can't remember who the lawyer was, and the last time I visited Texas, nobody who knew my ex had seen him for over a year. I suspect he either moved back to California or to another city in Texas. How can I get a cheap no-fault divorce when I can't locate him? I did check with the county, and the divorce was definitely not finalized by him.
2 Answers from Attorneys
Re: Separated for 8 years-Ex-Husband Missing-How to Divorce?
If done in Texas you will need to file a petition for divorce as I am sure that the former petition has been dismissed for want of prosecution. Service on your husband will have to be done through publication if his address is unknown. It is more expensive than regular service as there are a few more hoops to jump through. First, however, I would speak to an attorney in your area to determine whether you can initiate the proceedings there.
Re: Separated for 8 years-Ex-Husband Missing-How to Divorce?
Hello there -
There are several ways to obtain a divorce in Texas when a spouse (ex-spouse) cannot be found. Notice of suit, citation and the divorce petition can be served by publication in the newspaper or to a last known address with dilligent search.
You can file for divorce here, and likely do so at a relatively inexpensive legal bill; however, you should also consult with a New Jersey attorney to see if you can file in your own state. It is likely that you can file there if you have lived there for any extended period of time. This is definitely something to consider, as a Texas court may not be the best place for you.
If you would like to pursue a divorce in this state, our firm charges $1000.00 for a non-contested matter. This is likely below industry standards. Should you have any further questions or concerns, I will be happy to consult with you at no charge via e-mail: [email protected] or via phone at 254.756.5004 Thanks, and all the best to you in the resolution of this issue.