Location differences while trying to file for divorce can prove to be a challenge. At Turner-Monahan, we have been approached by spouses who file for divorce who have been separated for a long time, and most of the time, the other spouse is no longer living in the same state. And unfortunately, there are also occasions where the presumed respondent cannot be contacted nor located.
In this situation, a question might arise on whether a divorce can proceed despite the two parties being physically separated by states. As a matter of fact, it can.
For this particular article, we shall look into how a divorce will proceed if the spouse lives outside of Texas.
Filing for Divorce When Your ex-spouse is out-of-state
Divorce, when the respondent is supposedly out-of-state, will demand several additional steps in order to move forward the natural course of the case. How a divorce will move forward will always depend on the circumstances.
That said, it is important to note that while the Texas judiciary grants a no-fault divorce, filing for a divorce where abandonment is going to be used as the grounds for divorce may not be considered. This is due to the fact that only insupportability is the no-fault ground for divorce and abandonment is considered otherwise.
In a situation where the petitioner is not able to serve their petition to the respondent in person or in a situation where the respondent is also not able to fulfill the waiver of service, the petitioner can proceed with obtaining a motion to proceed with a citation by publication or also known as service by posting.
Citation by Publication During Divorce
Put, citation by publication is a legal and official way of publicly creating a summon. We say that it is both legal and official because before creating the post in public papers, the petitioner is tasked to place a request before the judiciary.
The full details of the said citation by publication can be easily found in the Texas Rules of Civil Procedure, Rule 114.
A citation by publication during divorce is done when the respondent cannot be served in person or if a waiver of service cannot be done. In other words, the petitioner can proceed with a citation by publication only when the ordinary course of the case cannot be followed because the respondent is out of state or cannot be located.
To proceed with the service by posting, the petitioner will have to approach the Texas courts and request for a motion and an order to proceed with citing the respondent by publication.
This citation is set to be published in a periodical or any circulating publication within your area.
Following Rule 99 of the Texas Rules of Civil Procedure, the said citation must indicate the names of the parties, a brief statement of the nature of the suit (which need not contain the details and particulars of the claim), in this case, the divorce, the involvement of the respondent at the very least.
The full requirement for service by posting in Texas will follow Rule 99 of TRCP.
Once the public citation has been published, the other party will have a waiting time to respond. The petitioner would have to inform the judiciary if the waiting period had lapsed and no response was received.
The next step will be for the Texas judiciary court to assign an attorney ad litem to search for the respondent. If the attorney ad litem still cannot find the respondent, the case will be reported to the court. The petition for divorce will then proceed depending on the decision of the Texas court.
Contact a Divorce Attorney in Fortworth, Texas
Having the respondent live in another state or if you are having difficulty locating the respondent, the process will be much easier if you hire a divorce attorney. Hiring a divorce attorney in Fort Worth, TX, will do more than represent you in court. Divorce attorneys will provide the best legal advice to help you get through this very delicate time.
At Turner-Monahan, we approach every divorce client’s case professionally. Whether that divorce may appear simple or as complex as the inability to locate the respondent. We are with you every step of the way.
