Missing Spouse Divorce

Sometimes married couples become estranged long before a spouse decides to seek divorce. Some couples
may choose to separate for a period to see if they can work out issues and save the marriage. In other
cases, a spouse may just run away with little notice and without filing for divorce. Sometimes it can
be very difficult to track down a missing spouse, especially if he or she goes to great lengths to not
be found. If this has happened to you, you may feel that you are left without the option to divorce.
On the contrary, it is possible to divorce a missing spouse in Texas even if he or she cannot be contacted
directly.

The procedure for a missing spouse divorce is slightly different depending on whether or not there are
children from the marriage. Without children, a spouse seeking divorce simply files a summons with the
courthouse and completes the divorce papers. The court clerk will post the summons at the courthouse
for you, and this will qualify as having your spouse served. After 60 days, you will go to court on
your scheduled date. If your spouse does not provide an answer within those 60 days and does not show
for the hearing, your divorce will be finalized according to your wishes.

When children are involved in the marriage, a more direct form of communication must be used to try
to track down the missing spouse. Texas law requires that you serve your spouse via publication, meaning
that you will list an ad in the local newspaper where your spouse was last known to live or where he
or she is expected to be living. The ad will state that you are seeking divorce from him or her. Unless
your spouse responds to the ad or shows up to the hearing on your scheduled court date, you will be
granted a missing spouse divorce.

Contact Us

While it may seem difficult to file for divorce when you cannot locate your spouse, in Texas it is actually
a fairly simple process. A missing spouse cannot prevent you from seeking divorce. To learn more about
filing a missing spouse divorce, please contact the experienced Austin divorce lawyers
of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.