What divorce form is needed in Texas when you can not locate your spouse?
02/08/2007 - Divorce - State: TX #536
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.
The court may not grant a divorce before the 60th day after the date the suit was filed. Most cases take more than sixty days.
Citation (e.g., service of process) on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases. Citation may also be served on any other person who has or who may assert an interest in the suit for dissolution of the marriage.
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.
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),
"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.
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.
Please see the information at the following links: Please see the forms at the following links:
02/08/2007 - Category: Divorce - State: TX #536
See more Questions in the Divorce Category