I got married feb 25 2005. My husband left 2006 back to Florida after spending 4ms in prison for aggravated assault with a deadly weapon . he was only released after I signed an affidavit . We lived in Texas at the time. i haven't spoke with him since then. our daughter was a newborn during that time she doesn't even know he exist because i've been in a New relationship since then and have two children with him she's only known him to be her dad. ive wasn't able to pay for my divorce back then it was to exspansive and I didn't work. Now that I can afford to I want it done ASAP and for it not to drag out. We both own nothing no cars or house. Plus my fiancé wants to adopt my daughter. Of course I'll be paying for the divorce because my ex don't work and hasn't since 2006 and he still on drugs and drinking . Living with His grandmother I've been told by his sister I rently got a hold of back in December which I was able to talk to him for myself.
There's a lot here. First of all, if you've lived in Texas for six months, and your county of residence for 90 days, you can file the divorce here. It would be best if he can be found and served with the papers, but if he's hard to find, there are other options to discuss with your attorney.
The termination of his rights and adoption by your fiance would be a separate matter, and may need to wait for him to fail to pay child support, as that is a common basis for termination of rights. There are others, but that's a conversation for you and your attorney.
I recommend filing for the divorce in the state and county where you and your daughter have been residing for the last 6 months. Use the Find a Lawyer tab at the top of the page to consult with and retain an attorney. Attorneys on this site cannot solicit clients so you will need to contact the attorney.
As the other attorney stated, termination of his parental rights and adoption by your fiance are separate issues from the divorce.
Best of Luck.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.
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