Frisco, TX asked in Divorce for Texas

Q: I got married in Puerto Rico I live in TX now, don’t know where he is how can I file for divorce?

When we got married we were only 17 once we decided to go our separate ways we never filed for divorce. We do not have kids together. It’s been 16 years that we separated. I now live in Texas and I’m not sure where he is we lost contact. I just want to get the process done but not sure how to start off. Thanks in advance!

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3 Lawyer Answers
Kelly Case
Kelly Case
PREMIUM
Answered
  • Frisco, TX
  • Licensed in Texas

A: You can get divorced without knowing where the other party is located but the requirements are a little different than if you were able to have the other party served with process. You are going to be required to prove due diligence was taken to try and find the other party and as long as this requirement is satisfied, the court can grant you divorce by publication. However, this is a rare instance and even though it is provided for in the Texas Family Code, most judges will not grant the final divorce unless you can prove you have done everything you could do to locate the other party. So while you can get divorced, it is going to be much more difficult to do so without service on the other party. Hire a qualified Texas Family Lawyer to help you with this as it is more complex than just filing some documents.

1 user found this answer helpful

Rahlita D. Thornton
Rahlita D. Thornton
PREMIUM
Answered
  • Houston, TX
  • Licensed in Texas

A: You can file the divorce in the county in which you live. You will need at least the last known addresses of your spouse to proceed. Note-I said "known"...Good luck. 888-343-4529.

1 user found this answer helpful

Carl J Selesky
Carl J Selesky
Answered
  • Houston, TX
  • Licensed in Texas

A: You can accomplish a divorce by publication but it's hard to navigate without a lawyer. Also, as the wife you need to consider whether you've had children with someone else during his absence since your Husband is potentially the legally presumed Father under Texas law. Not knowing where he is makes things more complicated but far from impossible. Feel free to call 713-780-9595 if you have additional questions.

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