QUESTION

husband has been gone 8 years and i can't find him to sign the divorce papers . can i still divorce him

Asked on May 05th, 2013 on Divorce - Texas
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2 ANSWERS

Martha Feigenbaum
You need to search to locate your husband.  Then if you cannot locate your husband you can publish service of process in a local newspaper.  This is done instead of having a constable serving him with the divorce petition.
Answered on May 07th, 2013 at 4:21 PM

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International Mediation Attorney serving Plano, TX
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Yes, you can file for a divorce by publication.      Divorce by publication happens only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the Defendant after a "diligent search." Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address. In Texas, divorce by publication is not an easy route to go. Divorce by publication has more steps, is more complicated, and is more expensive than an agreed divorce. In short, it is easier and cheaper if you can find your spouse and get them to sign off on the final divorce decree, but you can still get divorced. 
Answered on May 06th, 2013 at 11:07 AM

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