You want to get a divorce and have been working up the courage to officially file and serve your spouse with divorce papers. But there’s one problem: your spouse is nowhere to be found. You haven’t been living together for the past couple of months, even though you are still technically married, and you’re not on speaking terms. Your lawyer suggests calling them, but their number is disconnected, and none of their friends know where they are. So, you begin to wonder, “How do I get a divorce if I can’t find my spouse?”
While not knowing where your spouse is certainly poses a unique problem compared to most divorce cases, the good news is that you can still get a divorce. You’ll simply have to jump through a few more hoops to get there.
This is How to Get a Divorce When Your Spouse has Vanished
Surprising as it may sound, the first step is still to seek out a family law attorney if you haven’t already and file the necessary divorce papers. Someone has to start the process, and since your spouse is currently absent, it has to be you. Also, having someone in your corner who knows the law and can act as your advocate during this strange and difficult time is critical.
In a normal divorce process, the next step would be to serve your spouse, and this is still the case. Even though they are nowhere to be found, you must do your due diligence and make a good faith effort to track them down.
This can include any of the following:
- Look into their last known residence.
- Reach out to their family members.
- Do a quick Google search for criminal databases, court records, etc.
- Ask your family law attorney for additional suggestions.
As you go through this process, keep accurate records in case you need to prove your efforts in court.
Alternative Service
If you still can’t find your spouse, Texas law will allow alternative serviced such as a Motion to Serve by Publication. This means that you and your attorney can publish the summons or other legal documents in a newspaper or other publication where your spouse is likely to be.
Wrapping Up your Case after Your Spouse Fails to Respond
Once you have made a good faith effort to service your spouse, you must wait at least 30 days before you can petition the Court and ask for a Motion for Default. A default judgment is a legal judgment where the court rules in favor of one party when the other fails to respond and present their side of the case by a specific deadline, which is typically 30 days.
Please call Christman | Daniell Attorneys for your legal needs today!
Are you looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area. Our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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