As a divorce and child custody attorney in Dallas, Texas, I often get asked how to handle situations where a spouse cannot be located. If you find yourself in this situation and you want to move forward with a divorce in Texas, there are a few options available to you.
First, you can ask the judge to allow you to serve your spouse with alternative service. This can be done through posting or publication. Posting is when a notice is placed on a board in the courthouse letting the public know that a divorce has been filed and giving your spouse a certain amount of time to respond. This option is only available if there are no children under the age of 18 and no appreciable property involved in the divorce.
If there are children under 18 or property that needs to be divided, you will need to use the option of publication. This is when the court appoints an attorney to represent your unlocated spouse and a notice is placed in the newspaper.
It’s important to remember that the process for obtaining a divorce in Texas can be complex, especially when a spouse cannot be located. If you have any specific questions about your situation, our team at the Blacknall Firm is here to help. We offer a free consultation to discuss your case and help you understand your options. Don’t hesitate to reach out for assistance.