How do I use the Newspaper to divorce my husband who I have not heard from in five years?
Full Question:
Answer:
6.409. Citation by Publication
(a) Citation in a suit for dissolution of a marriage may be by publication as in
other civil cases, except that notice shall be published one time only.
(b) The notice shall be sufficient if given in substantially the following form:"STATE OF TEXAS
To (name of person to be served with citation), and to all whom it may
concern (if the name of any person to be served with citation is unknown),
Respondent(s),
"You have been sued. You may employ an attorney. If you or your attorney
do not file a written answer with the clerk who issued this citation by 10
a.m. on the Monday next following the expiration of 20 days after you were
served this citation and petition, a default judgment may be taken against
you. The petition of __________, Petitioner, was filed in the Court of
__________ County, Texas, on the ______ day of __________, against
__________, Respondent(s), numbered ______, and entitled In the Matter
of Marriage of __________ and __________. The suit requests
__________ (statement of relief sought).'
"The Court has authority in this suit to enter any judgment or decree
dissolving the marriage and providing for the division of property that will be
binding on you.
"Issued and given under my hand and seal of said Court at __________,
Texas, this the ______ day of __________, ______.
"..............................
Clerk of the __________ Court of
____________ County, Texas
By _______, Deputy."
(c) The form authorized in this section and the form authorized by Section
102.010 may be combined in appropriate situations.
(d) If the citation is for a suit in which a parent-child relationship does not
exist, service by publication may be completed by posting the citation at the
courthouse door for seven days in the county in which the suit is filed.
(e) If the petitioner or the petitioner's attorney of record makes an oath
that no child presently under 18 years of age was born or adopted by the
spouses and that no appreciable amount of property was accumulated by
the spouses during the marriage, the court may dispense with the
appointment of an attorney ad litem. In a case in which citation was by
publication, a statement of the evidence, approved and signed by the judge,
shall be filed with the papers of the suit as a part of the record.