Corpus Christi Attorney to File Missing Spouse Divorces
Filing for divorce can be complicated when one cannot find the estranged spouse.
There are specific procedures to be followed in Texas prior to being granted a divorce from a missing spouse. As with all other divorces, one of the spouses must be a resident of the state for at least six months prior to filing.
The first step is to conduct a search for the spouse so that you can file an Affidavit for Diligent Search. This kind of search must include the US Postal Service, known relatives, employment, Yellow Pages and internet searches.
After this process, you may file the Affidavit and the Petition for Divorce, and the missing spouse has 60 days to respond to published notice of the filing. After that the court may grant a default.
If there are children in the marriage, the search requirements are slightly more stringent.
In addition to the above search methods, you must also publish a notice in a publication, such as a newspaper, close to the last known address of the missing spouse.
The use of an Ad Litem attorney to represent the missing spouse is required by the court when there are children involved. The Ad Litem will file papers and communicate with the filing spouse regarding the divorce.
All of these steps can delay the final divorce hearing, and there are costs you must pay even if your spouse is the one who has gone missing. You may need an attorney to help you conduct the search, file the required documents and represent you before the court.
Bobby Bourlon understands the challenges of finalizing a divorce from a missing spouse, and he can consult with you on your options for bringing the divorce to a final conclusion.
Please call today for a free consultation at 361-289-6040. We offer a flat-fee arrangement for divorces, and payment plans if needed.