How do I file for divorce when I don't know where this person is???

Asked over 1 year ago - Copperas Cove, TX

He was in the military and we were already 6 months separated when he got kicked out.. He left and I don't know where he is... !! How do I file for divorce? We have no property, no children. I am only 22 years old and don't have any money.

Attorney answers (3)

  1. Patricia Faye Bushman

    Contributor Level 15

    4

    Lawyers agree

    Answered . You can get a divorce from someone who is absent, but it is technical and difficult. I do not recommend trying to do it without an attorney. You will have to file a petition for divorce, then prepare an affidavit to get the Court to allow you to publish notice. You will have to prepare all paperwork yourself, and do the Court appearance.

    Good luck to you.

  2. Mark Anthony Cohan

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with Attorney Bushman but I want to expand on her answer a bit. These divorces can be accomplished by publication or by posting at the courthouse. However, the law has stringent requirements on these divorces and they require a lot of procedural hoops like affidavits of diligent search, soldiers and sailors affidavits and possible ad litem appointments. Your best bet is to either contact legal aid or talk with an attorney about payment plans.

  3. Bobby Dale Barina

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You must make steps to determine his location. Start with his family and friends. Additionally check Facebook for his profile. If, after a diligent search, you cannot locate the address of the Respondent, you may request that the court order that Respondent be served by publication or posting. This method requires a Court order and should only be used if you have tried everything possible and cannot locate the Respondent. Service by posting is done usually when no children or property are involved in a divorce. To obtain service by posting, you must request that the District Clerk post the citation at the courthouse. After a certain amount of time has passed, the clerk will notify the court that service by posting has been completed. Service by publication is done in the newspaper in the city where the Respondent was last known to have resided. To obtain service by publication, request that the District Clerk issue publication in the particular newspaper authorized by the Court. You will be responsible for any fees charged by the newspaper. Once the publication is complete, you must file proof of the publication with the District Clerk’s office.
    This process can become complicated. Please consider meeting with a few attorneys to determine if you can arrange a payment arrangement.
    I hope you find this answer helpful.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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