How canI divorce my husband if I have no idea where he is?
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How canI divorce my husband if I have no idea where he is?
We have been separated for 6 years now and I am seeking a divorce. He is a drug addict to my knowledge. He had our 2 kids with him and CPS took them from them. I am currently fighting for them and will have them back in my care next month.
Asked on October 5, 2011 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Take heart, in such a situation there is a legal remedy called "divorce by publication". Basically, before legal action can be taken against a person they must be given an opportunity to appear and explain their side. This is called "notice". And a divorce by publication allows a spouse to be served notice of the divorce action.
The filing spouse (or "petitioner") must make a dilegent search to find their missing spouse (or "respondent"). They have to present proof to a court that they made all good faith efforts to uncovering their missing spouse's whereabouts. At such point the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper (instead of the more usual method of personal service. The court will then instruct the petitioner as to which newspaper should be used. Typically it will be in one that is in the area of the respndent's last known address.
The respondent wiil have 30-60 days to file an answer. If they do not do so, the petitioner can file a request to enter a "default divorce". As a general rule, such a divorce is granted upon the terms requested by the petitioner (however the respondent is given a certain time in which they can appeal).
At this point you should consult directly with a divorce attorney in your area. They can best advise you of your rights/responsibilities.
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