Going through a divorce is challenging, but it can be even more complicated if your spouse abandoned you years ago. However, if you don’t know where your spouse is, you can still file for divorce. Fortunately, Texas law provides a process for this unique situation.
Filing for divorce
The first step in obtaining a divorce is to file a divorce petition with the district court in the county where you reside. In the petition, you’ll need to state the grounds for divorce.
Texas is a no-fault state, which means you can file for divorce due to “insupportability,” meaning the marriage has become insupportable due to discord.
Diligent search for your spouse
Texas law requires that you make a diligent effort to locate your missing spouse. It includes checking with friends, family, and known associates. You can also search public records and social media. Document all your efforts, as you will need to show the court.
Service by publication
If your diligent search does not locate your spouse, you can request to serve them by publication. It involves publishing a notice of the divorce in a local newspaper. You must file a Motion for Citation by Publication and obtain the court’s approval.
Finalizing the divorce
After the judge grants the divorce, you will receive a Final Decree of Divorce. This document finalizes the divorce and outlines the division of property, child custody arrangements, and any other relevant issues.
Divorcing a spouse who abandoned you years ago can be complex, but it is possible under Texas law. You can navigate the legal process and obtain a divorce.