You're asking the wrong question. It might be better to find out how to have your spouse declared legally dead. Missing for a whole year might be a qualifier. That way the divorce becomes a mute point and you might be in line for some type of inheritance or life insurance proceeds.
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Question
Submitted 340 days ago...
Divorce wanted
I am trying to get divorced. The only problem is that I cannot find the missing partner. I have already filed the court papers over 1 year ago, and am looking continously for the other party. I already have an active child support decree and the Oag. will not aid in helping me locate the other party. From my understanding in the state of Texas, I am responsible for the attorney that the court may appoint for him.
Again, if the Oag, cannot find him how am I to find him. There has to be some kind of loop hole, I'm just not seeing.I need someone to help in this matter, to maybe set some kind of presidence if need be. Can you help?
Answers
Answer 2 / 3
Submitted 340 days ago...
Every state is different, so you can talk to your lawyer to see what rules they have, but generally the solution to the problem of divorcing a missing spouse a "Divorce by Publication".
In order to file this, you have to prove that you have made a serious effort to locate your spouse. Typically you can announce your divorce in the newspaper for 30 days. Here are other ways to prove you have tried to find them:
1) Contact friends and family
2) Call information to look him up
3) Contact past employers
4) Do a search on a service like ussearch.com
It makes it more difficult since they can't find the spouse to divide property, set up custody and visitation (if you have kids) but it's a common problem especially if the separation was a long one. Good luck.
Answer 3 / 3
Submitted 340 days ago...
This Question was awarded 309 days ago therefore you can no longer post an Answer. However you may post a comment below.
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Comment 1 / 1
Submitted 277 days ago...
You can legally post your intentions in a newspaper of the last known area for about 8 weeks. Each state and laws are different. If you have had no contact to your summons in that period of time, you can proceed with your divorce. Do it yourself divorce kits are a wonderful source of information-even if you aren't using it to file for the divorce. It explains how to send certified copies to the last known address etc. This will prove your case, that you made a viable attempt to contact this person and you can take this information to a judge to rule on your dissolution of marriage.
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