Can you get a divorce if your spouse is missing?

Divorcing a missing spouse adds complexity to an already difficult process. In Texas, the law permits you to dissolve your marriage even if your spouse cannot be found. However, this situation requires additional legal steps and documentation. You’ll need to follow proper legal procedures to ensure the court accepts your request, especially if your spouse cannot be personally notified.

Try to find your spouse first

Before moving forward, the court requires you to make a diligent effort to locate your spouse. This involves checking their last known address, contacting relatives or acquaintances, and searching online, including social media platforms. You should also consider checking public records, utility accounts, and employment databases. If these efforts are unsuccessful, the court may allow an alternative method of service.

Use service by publication

If your spouse remains unreachable, you may petition the court for permission to serve notice through publication. This entails publishing a divorce notice in a local newspaper. You must also file a sworn affidavit outlining all attempts made to locate your spouse. In some cases, the court may ask you to publish the notice more than once or in multiple publications to increase the likelihood that your spouse sees it. The judge will evaluate this affidavit before granting approval for publication service.

Expect limits on court decisions

While the court can terminate the marriage without your spouse’s presence, it cannot adjudicate certain matters. Issues such as property division, child custody, and support cannot be finalized unless your spouse later responds or appears in court. This limitation ensures fairness, allowing both parties an opportunity to present their case. If your spouse becomes involved at a later stage, the court may schedule additional hearings to resolve outstanding matters.

Once the judge signs the divorce decree, your marriage is legally dissolved. The decree is valid even if your spouse fails to appear throughout the proceedings. However, unresolved matters may resurface if your spouse later challenges the court’s decisions. Be prepared to revisit those issues should that occur, especially if they involve shared assets, children, or financial obligations.