Where do you publish notice in a divorce by publication?

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Where do you publish notice in a divorce by publication?

I live in TX; soon-to-be ex lives in TN. I do not have her address there, or a contact number. I do have her last known address, which is in NY. Do I file for divorce by publication at her last known address in NY or TN?

Asked on August 14, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the thing: you generally need an order of the court allowing you to serve by publication.  And the court generally issues the order only after you have submitted an affidavit indicating all that you have done to track them down: sent a letter to last known address by certified mail return receipt requested; inquired from a family members; hired a private investigator to locate them.  This is known as "due diligence" and the affidavit is aptly name a due diligence affidavit.  Once that is given the court the court will issue an order allowing you to publish and telling you what papers to publish in and for how many weeks.  Good luck.


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