Houston Divorce by Publication

Many people separate from their spouse without getting a divorce. This may be for financial reasons or simply a lack of interest in going through a divorce. Some people think they are legally separated after a certain amount of time. Texas does not recognize legal separation. Often, a spouse cannot locate the other spouse when they are finally ready to file for divorce. This complicates matters of child support, child custody and visitation, property division, and the divorce process. Below are common questions from clients who cannot find their significant other. If you have further questions, contact Shawn M. Rudisel, your Houston divorce problem solver, for a complimentary consultation.

What is Divorce by Publication?

Divorce by publication is a legal process used when one spouse cannot locate the other spouse to serve them divorce papers. In such cases, the court allows the petitioner to notify the missing spouse of the divorce proceedings through a public notice in a newspaper.

Legal Requirements for Divorce by Publication

To pursue a divorce by publication, you must demonstrate to the court that you have made diligent efforts to locate your spouse. This includes:

Searching online databases and social media
Contacting friends, family, and employers
Checking with government agencies
Filing an affidavit detailing your search efforts

Texas Divorce by Publication Cost

The costs of divorce by publication can be higher than a standard divorce due to additional steps, such as:

Publication fees for the newspaper notice
Fees for appointing an Ad Litem attorney to represent the missing spouse
Potential additional legal fees for filing the necessary paperwork

Ad Litem Attorney Role

The Ad Litem is an attorney appointed by the Court to represent the interests of the missing spouse. Their responsibilities include:

Filing pleadings with the Court
Attempting to locate the missing spouse
Ensuring the missing spouse’s rights are protected
Reporting back to the court on their efforts

FAQ on Divorce by Publication in Texas

Can I legally separate after a certain amount of time?

No. The amount of time apart has no effect on a person’s marital status. Once married, you are legally tied to your spouse until a divorce is finalized. Texas does not recognize a legal separation.

Can I still get a divorce if I can’t find my spouse?

Yes. Texas law has provisions for giving a party notice of a divorce suit even if they cannot be located. Once notice is properly given, a divorce suit can proceed without the missing spouse present.

Is it cheaper to get a divorce when my spouse is unable to be located?

No. Texas courts require that the missing spouse be served with notice of the divorce by publishing the suit in a newspaper. This is called “substituted service” and is generally more expensive than serving a party in person with divorce papers. Most courts will also require the appointment of an Ad Litem attorney to represent the missing spouse in their absence. An Ad Litem is mandatory if children are involved. The Ad Litem will bill the petitioner for divorce separately for work performed.

What is an Ad Litem Attorney, and what do they do?

The Ad Litem is an attorney appointed by the Court to represent the interests of the missing spouse and will work alongside your Houston Divorce Attorney. The Ad Litem will file pleadings with the Court and usually contact the party (petitioner) filing the divorce. They may send discovery (formal questions for the petitioner to answer) to assist in finding the missing spouse and other means available. See the statute explaining an Ad Litem’s duties (Texas Family Code Section 107).

What happens if the Ad Litem does not find my spouse?

The Ad Litem will report back to the court that they have exercised due diligence in locating the missing spouse and that the missing spouse could not be found. So long as all other requirements under the law are met, the Court will grant the divorce.

What happens if the Ad Litem locates my spouse?

If your missing spouse is finally located, the court will require that the spouse be served at their address or wherever they may be found. The spouse’s response to being served will determine whether the divorce will proceed as an uncontested divorce or a contested divorce. Remember, publication is simply a method of serving a party.

Uncontested Divorce vs. Contested Divorce: What you Need to Know

Can I divorce my husband if I can’t find him?

Yes, you can divorce your husband if you can’t find him through a process known as divorce by publication. You must demonstrate to the court that you’ve made diligent efforts to locate him. Once approved, you can serve notice of the divorce through a public notice in a newspaper.

Who suffers most in divorce financially?

Financial impact varies, but often, women suffer more financially after divorce due to factors like lower earning potential and child care responsibilities. However, each case is unique, and the financial outcomes depend on individual circumstances, including the division of assets and income levels.

How do you divorce someone you have no contact with?

To divorce someone you have no contact with, you can file for divorce by publication. This process involves making diligent efforts to locate your spouse, and if unsuccessful, you can request the court’s permission to serve notice through a public notice in a newspaper.

What to do if your spouse is missing?

If your spouse is missing, you should first make diligent efforts to locate them, such as contacting friends, family, employers, and using social media. If these efforts fail, you can proceed with a divorce by publication by obtaining the court’s permission to serve notice through a public notice in a newspaper.

What is silent divorce?

Silent divorce refers to a situation where a couple remains legally married but lives separate lives, often without significant communication or intimacy. This term can also apply to situations where the emotional and social aspects of the marriage have effectively ended, even though the legal bond remains.

Can I divorce my husband if he says no?

Yes, you can divorce your husband even if he says no. In Texas, you can file for divorce on the grounds of insupportability, which means the marriage has become insupportable due to conflict or discord. The divorce can proceed as a contested case if he refuses to agree.

What is a one-sided divorce in the United States?

A one-sided divorce, also known as a unilateral divorce, occurs when one spouse wants to end the marriage, and the other does not. In such cases, the divorce process can still proceed, although it may take longer and require more court involvement.

How do I get a divorce if my partner doesn’t want one?

If your partner doesn’t want a divorce, you can still file for a contested divorce. In Texas, you can cite insupportability as grounds for divorce. The court will address and resolve any contested issues, such as property division, child custody, and support.

What happens if my husband refuses to divorce me?

If your husband refuses to divorce you, you can file for a contested divorce. The court will handle the proceedings, and the divorce can still be granted even without his consent. This process may take longer and involve more legal steps compared to an uncontested divorce.

Contact Us Today for Your Free Case Evaluation

If you want a divorce but cannot find your spouse, call The Rudisel Law Firm, P.C. We can finalize your divorce through publication. For more information, contact your Houston Divorce Attorneys today at 713-781-7775.

If you have further questions or need assistance, don’t hesitate to reach out for a complimentary consultation with Shawn M. Rudisel, your Houston divorce problem solver.

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