Service by Publication in a Texas Family Law Case

In Texas family law, one often encounters various methods to ensure legal processes are carried out smoothly and effectively. Among these, Texas service by publication stands out as a unique avenue for individuals who find themselves unable to personally serve legal documents to a respondent. This brief overview introduces the concept of service by publication within Texas family law cases, highlighting its significance, legal prerequisites, and the situations that necessitate its use.

Perfect for those facing challenging circumstances in locating their counterpart, this article sheds light on how service by publication operates as a vital tool in progressing legal actions toward resolution.

The Critical Step of Serving the Other Parent in Texas Family Law Cases

When attempting to file a court case involving the other parent to your child, you must notify that parent. Simply put, you must tell that person what you are trying to do. If you never prove to the court that you provided that notice to the other party, your case can have no legal effect. You may file your case and have it recorded in the courthouse, but your case will remain inactive until service on the other party occurs.

Most of the time, you can tell your attorney where to find your opposing party, and a private process server or constable can have him, or her served at that location. This method, known as personal service, stands as the courts’ preferred service method statewide. It ensures the opposing party receives actual notice of the lawsuit, as opposed to constructive notification, which courts use to legally infer notice when certainty of notification lacks.

The essence here is your obligation to notify the opposing party of a lawsuit filing in which they appear as a party. If you are filing a divorce, child custody case, or paternity case, you must serve the other parent to provide notice to them. This is a critical step in the process. If done improperly or not done at all, it can severely hinder and delay your case.

If you cannot locate your opposing party to serve them, there are options available to you under the law in Texas to provide legal notice to that person if you want to file a family lawsuit. In today’s blog post from the Law Office of Bryan Fagan, we will discuss a few of those options with you and how you can take advantage of them.

Notice provided via Service by Publication

Today’s first alternative service method to consider is service by publication. This approach involves publishing your lawsuit’s notice in a newspaper, magazine, or journal, targeting readers in the area where you suspect the opposing party resides.

However, it is not as easy as contacting the Houston Chronicle and asking them to publish your notice on the paper’s front page the second you have trouble locating your spouse or opposing the party. You need to take some steps to get to the point where you can serve via publication. We will discuss those steps now and provide some tips for you to get past them as quickly as possible.

Looking for Your Opposing Party- What Do You Have to Do?

In the intricate dance of family law, pinpointing the whereabouts of your opposing party plays a pivotal role in advancing your case. The task may seem daunting, especially when faced with an evasive counterpart. This section breaks down the essential steps and requirements for conducting a diligent search, a prerequisite for moving towards service by publication when all else fails.

Understanding Diligent Efforts

The legal framework demands more than a cursory attempt to locate the opposing party. It’s about demonstrating to the court your exhaustive efforts to serve the notice personally. Here’s what constitutes a diligent search:

1. Proof of Unavailability: Establishing that you lack knowledge of the person’s residence, workplace, contact numbers, or email addresses.
2. Extending Your Search: Engaging with acquaintances, relatives, or any individuals likely to have current information on the whereabouts of the opposing party. Documenting these interactions is crucial, noting down names, their connection to the person, and the information provided.
3. Making Personal Service Attempts Known: Informing the court of any direct attempts to serve the opposing party, underscoring your intent and efforts to follow legal protocols.

Expanding the Search Radius

Your quest shouldn’t halt at personal networks; it should extend into the digital realm and beyond:

• Employment and Social Footprints: Reaching out to past employers and scouring social media and internet search results can uncover valuable clues.
• Military Verification: The law mandates a check with the Department of Defense to ascertain if the person is on active duty, safeguarding against unintended legal oversights.
• Incarceration Status: Consulting the Texas Department of Criminal Justice to confirm whether the person is currently incarcerated ensures comprehensive due diligence.

The Ethos of Thoroughness

The underlying principle is clear: leave no stone unturned. A half-hearted search won’t suffice. The court needs to see a genuine, concerted effort to locate the opposing party through personal service. Failure to meet this standard not only undermines your case but can lead to significant delays. This is particularly crucial when considering service by publication as a last resort.

Judges demand evidence of a thorough search before granting permission for such an indirect method of service. Documenting your search efforts well strengthens your case, enabling legal progress without direct service.

What Are the Downsides to Having a Person Served by Publication?

One major downside is the risk of not effectively notifying the opposing party about the lawsuit. They could potentially challenge the decision, leaving your case in uncertainty for up to two years.

Additionally, the other party might argue that your search wasn’t thorough. Missing a simple detail like a public phone number or a Facebook profile could jeopardize the service by publication years later.

A motion for a new trial could overturn your case even after a decade. Imagine dealing with a challenge to a default judgment divorce years later. It could be incredibly frustrating.

Is It Necessary for You to Hire an Attorney to Represent You in a Case That Involves Service by Publication?

All other things being equal, it is usually an excellent decision to have an attorney representing you in any legal case. The fact is that you don’t deal with this subject matter in your daily life. An attorney is duty-bound to provide you with advice that can assist you to the best of their and their profession’s ability. This means that your attorney must be able to advise you and the average attorney practicing in that field. Even inexpensive and inexperienced attorneys must provide you with a certain level of care.

Even if you don’t hire your attorney, the court will appoint an attorney to look for your spouse after filing a motion to have them served by publication. An attorney known as an attorney ad litem undertakes the search for the other parent, building on your efforts. The attorney ad litem will conduct their search for the other parent in addition to what you have already done. Their job is not to step on your toes but to protect the other party from having a legal proceeding occur without notice. The court prepares a list of such attorneys, allowing you to select one to perform this search.

Executing Service by Publication

First, submit a motion to the court for serving the opposing party by publication. The court sets a hearing date and appoints an attorney ad litem. If the person remains untraceable, the court allows publication service.

After receiving the judge’s order, visit the court clerk. Inform them about the need for publication service. The court issues a citation for newspaper publication. The person sending the citation must confirm its publication and date to the court.

Concluding Your Case After Publication

Wait ten days post-publication before presenting final orders in court. This period is crucial for securing a default judgment. File the orders early and bring copies to the hearing.

The final orders resemble those from cases with personal service. The difference? You prepared these without the other side’s consent. Hiring an attorney to draft orders raises costs, especially if they attend court.

At a brief hearing, prove the publication service was filed timely. Show all documents are in order. The judge then reviews and signs the order, closing your case. This concludes unless there’s a motion for a new trial.

Questions about service by publication? Contact the Law Office of Bryan Fagan

If you could not tell, getting a motion to serve someone by publication can be pretty tricky. Even once you get past that point, it is still not very easy to handle this case on your own. It can take much longer than an average custody or divorce case since the steps required of you are more in-depth and complicated.

In the meantime, if you have any questions about this subject matter, please do not hesitate to contact the Law Office of Bryan Fagan. We offer free of charge consultations six days a week with our licensed family law attorneys. These are excellent opportunities to ask questions and receive direct feedback on your particular circumstances.

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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.