Houston Family Law & Divorce Attorneys

Law Office of Kathryn Marteeny
Call Today! 713.936.2300
  • Home
  • Firm Overview
  • Attorneys
  • Divorce
  • Family Law
  • Estate Planning
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Blog 2018 July How to Divorce Your Missing Spouse
Previous Post  |  Next Post

How to Divorce Your Missing Spouse

Posted By the Law Office of Kathryn Marteeny || 18-Jul-2018

Couples always have the option of divorcing when their marriages don’t work out. Divorce can be a complicated and emotional legal process, but for many couples the benefits still outweigh the struggles. In some circumstances, divorce becomes a bit more challenging because a spouse has left and disappeared. Fortunately, you can still get a divorce in Texas even if your spouse is absent or missing. There are just a few additional procedures and protocols you have to complete due to your unique circumstance. Unfortunately, this process can last about 5-6 months.

A Good Faith Effort to Find Your Spouse

The first step in your divorce process is to try and find your missing spouse. This doesn’t necessarily mean your spouse has to be found; you just have to prove to the court that you made every effort to serve the divorce papers. You can start by contacting your spouse’s family and friends. If this doesn’t work, check your spouse’s current and former places of employment. If all else fails, try contacting the U.S. Postal Service closest to your spouse’s last known residence. If your spouse still can’t be located, you can submit an Affidavit of Diligent Search to the court.

An Affidavit of Diligent Search must list each attempt you made to reach out to your spouse—don’t forget to include dates! Because it serves as a legal testimony, this document will need to be signed and notarized.

The Wait

Your last step is to submit a Final Decree of Divorce to officially divide your marital estate. You may also have to file an Affidavit for Citation and complete a Return of Citation depending on your specific circumstances and if you have any children. These documents certify that you made all attempts to reach your spouse and even posted a notice about your divorce in a major newspaper. Your spouse has 30 days to respond to your divorce petition. After the 30 days have passed, a judge can finally review, and hopefully approve, your Final Decree of Divorce.

Retain Legal Counsel Today

If you’re unable to serve your spouse divorce papers, contact the Law Office of Kathryn Marteeny. Our divorce lawyers have over 30 years of combined legal experience and are knowledgeable about Texas divorce laws. We can guide you through every step of this unique divorce process.

Contact the Law Office of Kathryn Marteeny at (713) 936-2300 to schedule a case evaluation.

Categories: Divorce, Family Law, Property Division, Child Custody, Spousal Maintenance

Share Post

Divorce

How Can We Help You?

  • Child Custody
  • Child Support
  • Contested Divorce
  • Collaborative Divorce
  • Divorce Mediation
  • High-Net Worth Divorce
  • Property Division
  • Spousal Maintenance
  • Uncontested Divorce
  • Visitation

Contact The Law Office of Kathryn Marteeny

Put More Than Three Decades Of Experience To Work For You

Send My Information
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Law Office of Kathryn Marteeny
Law Office of Kathryn Marteeny - Houston Family Law Attorney
14701 St. Mary's Lane, Suite 315, Houston, TX 77079 View Map
Main (713) 936-2300
Website: https://www.marteenylaw.com
© 2021 All Rights Reserved.
Law Office of Kathryn Marteeny Law Office of Kathryn Marteeny @MartyeenyLaw
map of location
Internet Marketing Experts