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Home  >  Legal  >  Research Legal Advice  >  Obtaining a Divorce in Texas From a Spouse Who Cannot be Located
Cynthia Thomson Diggs

Obtaining a Divorce in Texas From a Spouse Who Cannot be Located

Written by: Cynthia Thomson Diggs Avvo Pro

Contributor Level 10
Divorce Family Law
Posted about 2 years ago. Applies to Texas, 0 helpful votes, 0 comments
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Can I divorce a spouse who lives in another state? Another country?

Yes. This is a quasi-jurisdictional question in Texas and the answer depends on how long you have resided in the state and county. So long as you have been a domiciliary of Texas for 6 months, and a resident of the county in which you intend to file, you may file for divorce against your spouse regardless of where your spouse resides.

2

How do I give my spouse notice of the divorce if I don't know where my spouse lives?

A more frequent issue that arises in situation like this is the problem of giving a spouse notice of the divorce. Notice and the opportunity to be heard by the court are fundamental precepts of the American legal system, so this is naturally a matter that must be addressed in the proper manner. Ordinarily, personal service is best, and should be attempted first. But there are other options for service, including service of notice of the divorce by publication, and other methods. These alternate methods must be approved by the court. A qualified family law attorney should be consulted, and at the same time you should make every effort to determine where your spouse or your spouse's relatives friends or co-workers are, or how they may be contacted. The more information you can gather and provide, the less expensive this process will be-- even if you do not determine your spouse's precise location, the additional information will help.

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Houston Divorce Lawyer

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