What do I do I I want to get a divorce but Ave no way to contact my husband?

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What do I do I I want to get a divorce but Ave no way to contact my husband?

I have been married for 3 years and my
husband and I have been separated for the
last 2 years and 11 months we Ave no
contact I have no idea where he works or
anything

Asked on September 19, 2019 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Regarding any legal proceeding, "notice" is required to be given. In a divorce action this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via a "divorce by publication". Pursuant to this, you as the filing spouse (i.e. the petitioner"), must make a genuine effort to locate your husband as the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made an adequate search for him. Once you've done so, you will be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; as a general rule it will be one in the area of his last known address). If your husband fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request. The divorce will typically be finalized within about 60-90 days (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Regarding any legal proceeding, "notice" is required to be given. In a divorce action this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via a "divorce by publication". Pursuant to this, you as the filing spouse (i.e. the petitioner"), must make a genuine effort to locate your husband as the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made an adequate search for him. Once you've done so, you will be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; as a general rule it will be one in the area of his last known address). If your husband fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request. The divorce will typically be finalized within about 60-90 days (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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