Can Texas uncontested divorce forms be used if a spouse is missing?

Full question:

If a person was living in Texas when spouse deserted him/her, and the whereabouts of the spouse who deserted is not known, will Texas uncontested divorce forms suffice? How long does the process take? There are no cash assets, no car, no home, etc.

  • Category: Divorce
  • Date:
  • State: Texas

Answer:

The court cannot grant a divorce until at least sixty days after the suit is filed. Most cases take longer than sixty days to resolve. In Texas, a citation must be issued and served in a divorce case, similar to other civil cases. If the spouse's whereabouts are unknown, you can serve citation by publication. This involves publishing notice one time in a local newspaper. The citation must include specific information, such as the names of the parties and the relief sought. If the citation is for a case without a parent-child relationship, it may also be posted at the courthouse door for seven days.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, the 6-month rule refers to the requirement that at least six months must pass after the filing of a divorce petition before a court can finalize the divorce. This rule is in place to ensure that both parties have adequate time to respond and consider their options. However, the divorce process can take longer depending on the complexity of the case and any disputes that arise.