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 take extra time 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
  • Check social media
  • Google your spouse’s name
  • Check local hospitals and jails

If you still can’t locate your spouse, you can now submit an Affidavit of Diligent Search to the court. 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. That affidavit is accompanied by a request to the court to approve you to serve your spouse through social media messaging, email, text, or other approved methods. At Camille Borg Law PLLC, we can help you accurately complete these steps to expedite the divorce process. If you do not have any alternative way to get a hold of your spouse, you may need to ask the judge to approve you serving your spouse by publication which is to post a notice about your divorce in a major newspaper.

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

  • File an affidavit of service with the court
  • Wait to see if your spouse answers the petition by filing a court document into the divorce case
  • Negotiate with your spouse if they are willing to participate or get a default order against them if they do not participate
  • Submit a proposed Final Decree of Divorce to divide your marital estate
  • Appear in court to give testimony to the judge and ask to approve the divorce

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.