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Getting a divorce in Texas can already be tough, but it becomes even more challenging when you can’t locate your spouse. Many people find themselves in this situation after years of separation or when a partner disappears without contact. Fortunately, Texas law provides a clear process for cases like this. You can still file and finalize your divorce even if your spouse is nowhere to be found.
What It Means to File Without Your Spouse
When your spouse cannot be located, the law still allows you to end your marriage legally. This process is called a “divorce by publication.” It means you’re letting the public know about your divorce through a newspaper or court-approved method after making genuine efforts to find your spouse. The court will then proceed once those steps are completed.
Step 1: Make a Genuine Effort to Find Your Spouse
Before you can file for divorce by publication, the court requires you to show that you’ve made a diligent search for your spouse. That means you can’t simply claim they’re missing. You must take real steps to locate them.
Here are some actions courts expect you to take:
- Contact family and friends: Reach out to anyone who may know your spouse’s whereabouts.
- Check social media: Review their profiles for clues about location or activity.
- Search public records: Use online databases for property, employment, or criminal records.
- Contact past employers or landlords: They may have forwarding addresses.
- Check with the post office: They might have a change-of-address record on file.
Once you’ve tried these methods, document everything. Courts want proof that you truly attempted to find your spouse before moving forward.
Step 2: File for Divorce in the Proper County
You must file your divorce petition in the Texas county where you last lived together or where you currently live. The document, called the Original Petition for Divorce, lists the basic details of your marriage and what you are asking for, such as division of property or child custody. If you have children together, include all information required under Texas Family Code, such as the children’s full names, dates of birth, and current addresses.
When you file, note that you cannot personally serve your missing spouse with the papers. Instead, you will later ask the court for permission to serve them through alternative means.
Step 3: Ask for Permission to Serve by Publication
Once the court sees your documented efforts, you can file a Motion for Citation by Publication. This motion requests the court’s approval to serve your spouse through a public notice rather than personal delivery.
You’ll also need to submit an Affidavit of Diligent Search, which outlines every attempt you made to find your spouse. The judge reviews this document carefully before granting approval. If it’s clear you did everything reasonably possible, the court will allow you to publish notice of the divorce.
Step 4: Publish the Notice
After the judge approves your motion, the court clerk arranges for the divorce notice to be published in a local newspaper or another outlet approved by the court. This publication serves as legal notice to your missing spouse.
Texas law requires the notice to run for a specific period, typically once a week for four consecutive weeks. The goal is to give your spouse an opportunity to respond if they see the notice. Once this step is completed, the publication will issue proof that the notice was properly posted, which you’ll submit to the court.
Step 5: Wait for the Response Period to End
After publication, the law gives your spouse time to respond to the notice. If they don’t respond within the time frame, the case can proceed as a default divorce. This means the judge can make a decision even though your spouse is absent.
You’ll then set a court date, attend the hearing, and provide the necessary evidence and testimony. Even though your spouse isn’t there, you still need to meet the legal requirements for divorce, such as proving that the marriage has become insupportable or showing grounds for divorce under Texas law.
Step 6: Understand the Role of the Attorney Ad Litem
In many cases, the court will appoint an attorney ad litem to represent your missing spouse’s interests. This attorney reviews the case to confirm that you made genuine efforts to locate your spouse. They will also make sure the divorce is fair and complies with Texas law.
You might be required to pay the attorney ad litem’s fee, which varies by county. Once the attorney confirms everything is in order, they report back to the court so the judge can proceed with your divorce.
Step 7: Attend the Final Hearing
During your final hearing, you’ll explain your situation to the judge and present all necessary documentation, including:
- Proof of publication
- Your Affidavit of Diligent Search
- Testimony supporting your divorce grounds
- Any requested orders about property, custody, or support
If the judge is satisfied with your efforts and all legal steps, they’ll issue the Final Decree of Divorce, officially ending your marriage.
What the Court Can and Cannot Do
Divorces by publication are unique because your spouse isn’t there to defend or agree. For that reason, there are limits to what the court can decide.
The court can:
- End your marriage legally
- Grant you custody of children if applicable
- Divide property located in Texas
However, the court cannot:
- Divide property located outside of Texas
- Order child support or spousal support from your missing spouse
If your spouse reappears later, they can ask the court to review certain parts of the case, especially those affecting finances or children. Still, your divorce remains valid.
Common Mistakes to Avoid
When filing for divorce without your spouse, simple mistakes can slow down or even dismiss your case. Here are some to watch out for:
- Not documenting your search: Keep records of every email, call, and inquiry.
- Filing in the wrong county: This can delay the process or make your filing invalid.
- Skipping the attorney ad litem: The judge may not finalize your case without their review.
- Failing to meet publication requirements: Make sure the newspaper and frequency follow court rules.
Tips to Make the Process Smoother
- Stay organised: Keep copies of all filings, receipts, and publication proofs.
- Be patient: Publication divorces take longer than standard ones.
- Work with a lawyer: While you can file on your own, an attorney helps you avoid costly errors and understand court expectations.
- Update your address: If your spouse tries to contact you later, you want to receive all legal documents.
How Long Does the Process Take?
A standard Texas divorce has a minimum waiting period of 60 days, but divorces by publication usually take longer. The timeline depends on how quickly the publication runs and how soon the court can schedule a hearing. Most cases take several months to complete.
Why Courts Take Missing Spouse Cases Seriously
Texas courts aim to protect the rights of both parties, even if one spouse can’t be found. The requirement for a diligent search and attorney ad litem exists to prevent fraud or unfair outcomes. It ensures that the missing spouse’s rights are respected while still allowing the other spouse to move on.
Moving Forward After Your Divorce
Once your divorce is final, request multiple certified copies of your Final Decree of Divorce. You’ll need them to update records, change your name if desired, and handle property matters. After that, you can begin building your new chapter without legal ties to your missing spouse.
Final Thoughts
It can feel frustrating to end a marriage when your spouse is missing, but Texas law gives you a clear path forward. With persistence, proper documentation, and the court’s approval, you can complete your divorce and reclaim your independence. It may take time, but it’s entirely possible to close this chapter even when your spouse can’t be found.
Other Related Articles
- Getting Divorced in Texas When You Cannot Locate Your Spouse
- What if my spouse doesn’t live in Texas?
- Texas Divorce by Publication: A Practical Guide for When Your Spouse is Missing
- The Dirty Trick of Embarrassing Your Spouse During a Texas Divorce
- What to do when your spouse asks for divorce
- Service by Posting (When You Can’t Find the Spouse in a Divorce)
- Top Alternative Methods of Service in a Texas Divorce
- Christmas Divorce: Surviving the Holidays in an Unhappy Marriage
- Navigating Service by Publication in a Texas Family Law Case: A Practical Guide
- How Does Divorce Work in Texas?
Frequently Asked Questions
To get a divorce in Texas when you can’t find your spouse, you must demonstrate due diligence in trying to locate them. This includes contacting their last known addresses, family, and friends, and possibly hiring a private investigator. If these efforts fail, you can request to serve notice via publication in a local newspaper.
Yes, you can divorce your husband if you can’t find him by following Texas laws for due diligence in locating a missing spouse and using alternative methods such as service by publication.
No, you cannot get a divorce in Texas without your spouse knowing. You must make reasonable efforts to inform your spouse of the divorce proceedings, typically through direct service or, if that fails, via publication.
Yes, you can get a divorce without the other person signing in Texas. If your spouse does not respond to the divorce petition after proper service, you can request a default judgment from the court.
If your spouse does not show up for divorce court in Texas, the judge may grant a default judgment. They will finalize the divorce based on the terms you proposed in your petition.
The fastest you can get a divorce in Texas is 60 days. This is the mandatory waiting period after filing your petition. However, this timeline can extend if there are complications.
If your spouse is missing, you should start by attempting to locate them through all known contacts and addresses. If unsuccessful, you can request to serve notice via publication, following the court’s guidelines for due diligence.
If you want a divorce but your spouse does not, you can still proceed by filing for divorce and serving them with the papers. If they do not respond, the court may grant a default judgment in your favor.
To get a divorce if your partner doesn’t want one, you need to file a divorce petition and serve them with the papers. If they refuse to sign or respond, you can pursue a default judgment after demonstrating reasonable efforts to inform them.
