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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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hi I am a resident of Texas. My wife has left me and I do

Customer Question


I am a resident of Texas. My wife has left me and I do not know where she could be. I want to file a Missing Spouse Divorce. We have no children. My question is : Will the court appoint a attorney on behalf of my missing spouse and will I have to pay for the attorney?

Please help me.

Thank You
Submitted: 6 years ago.
Category: Family Law
Expert:  John Domestic replied 6 years ago.

Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

This can depend on the specific judge's mindset in the county where you are filing for divorce.

To obtain a divorce if you have no idea where the spouse is requires a procedure for a particular court when serving someone by publication. Most courts will appoint an ad litem attorney to represent the interests of their missing spouse. If you do not know where you spouse is, the court will generally appoint someone to attempt to locate them so that they can be served personally. The court will generally order the spouse requesting service by publication to pay the ad litem fees which generally range from $500.00 to $1,500.00. Some courts will approve no appointment of an ad litem in a publication divorce if there is an affidavit of no children born during the marriage. There is no guarantee and really requires that you check with the specific court in your county prior to filing.