Divorcing an Absent Spouse in Texas

Husband dropping wedding ring into wife's hand

While divorce can be a lengthy and stressful legal process, the overall benefits typically outweigh the temporary struggles. However, when a relationship is struggling, one spouse may complicate matters by disappearing before divorce papers can be filed. Fortunately, you can still get a divorce in Texas even if your spouse is no longer in your life. The downside to your situation is that this process can last about 5-6 months because you need to complete additional procedures and protocols.

Putting in a “Good Faith Effort” to Find Your Spouse

Unsurprisingly, the first step in your unique divorce process is to try and find your spouse. You don’t actually have to find your spouse, you just need to prove to the court that you made every possible effort to discover his or her location.

Follow these steps to find your spouse and serve the divorce papers:

  • Call your spouse’s family and friends
  • Check your spouse’s current and previous places of employment
  • Contact the U.S. Postal Service that is closest to your spouse’s last known residence

If you still can’t locate your spouse, you can now submit an Affidavit of Diligent Search to the court. At Camille Borg Law PLLC, we can help you accurately complete this legal document to expedite the divorce process. An Affidavit of Diligent Search is essentially a legal testimony that list every attempt you made to locate your spouse. Before you submit this document, it needs to be properly signed and notarized.

Depending on your specific legal and personal circumstances, you may also have to complete the following steps before your divorce can be finalized:

  • Submit a Final Decree of Divorce to divide your marital estate
  • File an Affidavit for Citation
  • Complete a Return of Citation
  • Post a notice about your divorce in a major newspaper

At this point, your spouse legally has 30 days to respond to your divorce petition. Once this time period has passed, the court can review your Final Decree of Divorce and make a final determination. By retaining the services of an exceptional divorce lawyer, you can start the next chapter of your life financially secure and with a beneficial settlement.

Retain Experienced Legal Representation Today

The divorce process can be difficult and expensive without knowledgeable legal guidance. Contact the McKinney divorce attorney at Camille Borg Law PLLC if you have questions or require skilled legal representation. Our firm can guide you through each step of this complicated process and make sure that you can secure a divorce even if your spouse is absent. Should your spouse appear within the 30-day interval, we can help you negotiate an equitable divorce settlement.

Contact Camille Borg Law PLLCat (469) 646-7763 to schedule a consultation.