How to start divorce proceedings with a missing spouse

[PHardilek]

What is the name of your state?What is the name of your state? Texas (Harris County)

My brother and his girlfriend are having a baby in March. She has not yet gotten divorced from her previous marriage (which ended six years ago). She and her husband had a little boy together. The husband took off, and has been in and out of the state. He has not paid child support, and a year or two ago, called her and wanted to relinquish his rights to their child (I assume so he did not have to pay back child support). Nothing was ever made legal, and I don't believe she has heard from him since.

She still has not gotten divorced from this man, and his whereabouts are unknown.

Will she be able to do a "do it yourself" type divorce or is this best done by an attorney? She doesn't have much money, and I wanted to see if it was something we could do ourselves, and just pay the court's filing costs.

Thanks!

 

[seniorjudge]

"...Will she be able to do a "do it yourself" type divorce or is this best done by an attorney?..."

Do-it-yourself divorces are risky at best. When you add in the factors of a missing spouse and a child, that makes it even more risky and virtually impossible for a novice to try it.

The missing spouse can be served by publication.

Ask a divorce attorney in your state how to do this and let him handle it.

 

[PHardilek]

Thanks

Thanks for the advice. Hopefully, we can find someone relatively inexpensive. I appreciate your input.