I Cannot Find My Spouse in the Middle of My Divorce

Our Pearland, Texas divorce attorney explains how not being able to find a spouse impacts divorce proceedings in Brazoria County.

Making the difficult decision to end your marriage and filing for a divorce in Brazoria County is never easy. While there may be personal issues between you that make any interaction challenging, there are still important matters pertaining to money and property that must be resolved before a final divorce order can be issued. What happens if you cannot find your spouse in the middle of a divorce? Our Pearland TX divorce attorney explains your options. 

When a Spouse Cannot be Located During Divorce Proceedings

While some couples facing divorce are able to remain on relatively amicable terms, other cases are more contentious. Your spouse may even attempt to avoid the situation altogether by disappearing either before or after a divorce petition is filed.

When filing for a divorce through the Brazoria County Family Court, you are required to provide legal notice to your spouse, which allows them to respond to your claims and make their own assertions. This can be done either through the local sheriff’s offices or a professional process server and may involve:

Once formally served with a divorce petition, if they fail to respond within the time limits set the judge can issue a default judgment in your favor. However, proof of service is required. If you are unable to locate them, or if they disappear at some point during your divorce proceedings, you may be entitled to get a divorce by publication.

Divorce By Publication

Procedures for getting a divorce and serving your spouse are listed under the Texas Statutes. In cases where you cannot locate them, a divorce by publication may be an option. Documents needed include:

Once the notice is posted in a reputable publication, your spouse has 30 days to respond. If they fail to do so, a final divorce order can be issued in their absence.

Request a Consultation with Our Pearland Divorce Attorney

Having trouble locating your spouse during divorce proceedings? Reach out to John Powell III, P.C. To request a consultation, call or contact our office online today.