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Can't find trucker husband to serve with divorce papers?

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sje_k

Junior Member
What is the name of your state (only U.S. law)? TEXAS
I have filed for divorce in Texas and want half of what I'm entitled to from my husband. He sold his home and lives in his truck and has blocked me in every way possible from knowing where he is. I HAVE to physically serve him but do not know of any way to find him.
My thoughts were this:
1. Can I go through his employer and serve them on his behalf?
2. Pull a Sweet Home Alabama, find him, and follow him around until he signs them?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? TEXAS
I have filed for divorce in Texas and want half of what I'm entitled to from my husband. He sold his home and lives in his truck and has blocked me in every way possible from knowing where he is. I HAVE to physically serve him but do not know of any way to find him.
My thoughts were this:
1. Can I go through his employer and serve them on his behalf?
2. Pull a Sweet Home Alabama, find him, and follow him around until he signs them?
1: No - you can't do that.
2: YOU can't serve him. Someone else would need to.

Now, why do you think he must be physically served?
 

latigo

Senior Member
What is the name of your state (only U.S. law)? TEXAS
I have filed for divorce in Texas and want half of what I'm entitled to from my husband. He sold his home and lives in his truck and has blocked me in every way possible from knowing where he is. I HAVE to physically serve him but do not know of any way to find him.
My thoughts were this:
1. Can I go through his employer and serve them on his behalf?
2. Pull a Sweet Home Alabama, find him, and follow him around until he signs them?
YOU DO NOT HAVE to physical serve the defendant! Nor is it necessary that he sign anything. Nor can you effectively serve another person in his stead.

However, there are other means of effecting service of the citation such as by publication or posting. (See: Texas Rules of Civil Procedure Rules 109 and 109(a).

You say that you want half? Well, half of what? Because you are not going to be awarded half of anything that is not situated within the state of Texas. Not unless your husband is served with the citation within the state.

If the defendant is not personally served within the borders of Texas, all the court can do is: (1) Grant you the divorce, (2) award you physical custody of minor children physically present within the state (sans child support), (3) award a division of community property situated therein, and (4) confirm unto you any of your sole and separate property.

The truth here is that you do not have a clue of what you are doing. Try reading some of the statutes mentioned above and you will understand.

If you want this marriage ended, then hire a family law attorney.
 

davew128

Senior Member
Truly fascinated at the idea you feel you are entitled to half. Yes, the law may call it community property but the idea anyone is ENTITLED to half is part of what is wrong with society today.
 

not2cleverRed

Obvious Observer
Posting hx: https://forum.freeadvice.com/divorce-separation-annulment-36/many-questions-needing-answers-texas-585834.html#post3116034

Who the heck are you now?!

Are you wife 2 using STBX's account?

In any case, listen to the seniors. And NEVER use a movie as source for legal stuff - you're also not going to get a Matlock moment. Not Sweet Home Alabama, not Legally Blonde, and CERTAINLY not Legally Blonde 2
 

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