In what state do I file divorce by publication?

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In what state do I file divorce by publication?

I live in TX; the soon to be ex lives in TN, address unknown. I am the petitioner. In what state do I file the divorce by publication?

Asked on August 16, 2011 Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  If you are planning on filing for divorce (i.e., being the petitioner) then you need to file in the state in which you fulfill the residency requirements for jurisdiction purposes.  So you would file in the State of Texas.  Now, you need to serve your spouse with the summons and complaint, which you obviously know.  You claim that you have no idea where your spouse is other than in the state of Tennessee.  So what you need to do is to attempt to locate your spouse - through relatives, through the use of a private investigator if need be - in order to leave no stone unturned in attempting to find him or her  If you can not then you put together an affidavit of due diligence and submit it to the court telling them all that you have done and asking the to allow you to serve by publication.  They will tell you what papers and how many times.  Once the publication is complete you file the proofs with the court and they wil; deem him or her served for purposes of jurisdiction.  Good luck.


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