Wife moved out of town, Texas to California, has been out 9 months, but will not sign divorce papers, wants to keep medical insurance benefits-reason for holding off, but won't communicate, any idea if 'D' by publication is legal in Texas?
In most states you have the option to file a "divorce by publication." Here is the basic steps.
1. Go to your local newspaper and put a divorce notice ad in the classified section. 2. Mail the divorce notice to the last known address of your spouse. 3. Wait 30 days and get a letter from the newspaper stating that the ad was posted for 30 days. 4. If your spouse no longer lives at the last known address the divorce notice will come back undeliverable. 5. Take your noncontested divorce papers with the letter from the newspaper and the undelivered notice and go to your local courthouse and file a "divorce by publication."
There are more steps and more forms to this process. But these are the main ones.
2007-07-23 05:57:06 · 6 answers · asked by jaydee 1 in Politics & Government ➔ Law & Ethics
You can get service on a defendant by publication in Texas in civil lawsuits (divorce included).
The steps are not quite as simple as you state, however. And precision is important. Coming close won't do anything except delay the eventual divorce.
An attorney can help you. So can someone at the clerk's office. Ask them for a copy of the "publication stuff" in another divorce file.
2007-07-23 06:04:38 · answer #1 · answered by BR 6 · 0⤊ 0⤋
Make sure your wife is served with papers and if she cannot be served, you must run an announcement in the paper where you believe she might be and would see it. If she's a no show, you will get your divorce and everything you ask for. In Texas, you cannot be held in a marriage you don't want to be in. She could be in a psychiatric hospital and you could divorce her here in Texas. Be sure to get advice from a lawyer. Most will give you a free consultation if you can't afford one. Or go to your public library and all the forms are available there.
2016-03-12 21:09:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This Site Might Help You.
RE:
Divorce by Publication, legal in Texas????
Wife moved out of town, Texas to California, has been out 9 months, but will not sign divorce papers, wants to keep medical insurance benefits-reason for holding off, but won't communicate, any idea if 'D' by publication is legal in Texas?
In most states you have the option to file...
2015-08-16 09:12:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The basic steps you have are correct. You can get a divorce without the presence of your spouse in Texas. I did it myself almost 20 years ago. It was legal then and I'm sure it still is.
Sorry to hear about your misfortune, but it is legal in Texas to get rid of them without having them present or even knowing about it.
2007-07-23 06:18:25 · answer #4 · answered by shortnuf55 1 · 0⤊ 1⤋
There is a proceedure for doing something similar, although I don't think its called that in Texas. You should consult a lawyer for exactly what steps need to be followed.
2007-07-23 06:04:36 · answer #5 · answered by Michael C 7 · 0⤊ 1⤋
no, that isn't legal anywhere in the US. You need a lawyer, and you can divorce her on grounds of abandonment, and you can get a stay against her while the divorce is in process so she cannot obtain health insurance in your name, she will have to get her own.
2007-07-23 06:03:19 · answer #6 · answered by essentiallysolo 7 · 0⤊ 3⤋
There is no way in hell thats legal, anywhere
2007-07-23 06:00:39 · answer #7 · answered by Anonymous · 0⤊ 3⤋