Courts are very hesitant to allow service by publication and will often require a reasonable basis to believe that the defendant could not be served with more conventional methods. For example, in Mullane v. Central Hanover Bank Trust , the U. If you cannot find the other parent, you may be able to serve by having the notice published in a newspaper and the public information web site required by Texas Government Code To serve by publication, you must take a number of steps.
These steps will delay your case—but they are required. Before serving by publication, the law says you must make a diligent search for the other parent. Use the steps set out in the Affidavit for Citation by Publication in a Divorce with Children form or the Affidavit for Citation by Publication Other as a guide when looking for the other parent.
You should also use common sense. A diligent search must include the steps someone who really wants to find the other parent would take. When you serve by publication, the other parent may not actually find out about your case. Because of this, the law says the other parent has 2 years to ask for a new trial. In addition, if the other parent can show that you did not look hard enough before serving by publication, he or she may be able to get a new trial no matter how much time has passed.
When serving by publication, the law says you must hire an attorney to look for the other parent. This attorney is called an attorney ad litem.
The attorney ad litem makes an independent search for the other parent. You are responsible for locating, hiring, and paying for the attorney ad litem.
Below are forms for a divorce with children Set A and forms for if your case is not a divorce Set B. To serve by publication in a divorce with children, fill out the following forms Set A :. This form tells the judge that even though you made a diligent search, you could not find the other side. Fill it out completely and sign it in front of a notary. This form tells the judge you want to serve by publication. Fill it out completely and sign it.
In some counties, you may need a court order before the clerk will issue citation by publication. If needed, use the Order on Citation by Publication in a Divorce with Children to ask for a court order. You will ask the judge to sign this form to order you to serve by publication.
To serve by publication if you are not asking the court for a divorce, fill out the following forms:. If needed, use the Order on Citation by Publication Other to ask for a court order. The clerk will keep the original, stamp your copies, and give the copies back to you. This can be filed electronically as well.
Note : If your county requires a court order before the clerk will issue the citation, ask the clerk when you can give your proposed Order on Motion for Citation by Publication called Order for short to the judge. You may be able to see the judge that day. Or, you may have to come back another day. Read the article Tips for the Courtroom for information about going to court.
Get a file-stamped copy of the Order for your records. The newspaper shall meet such requirements as are prescribed by law for such purpose. The affidavit shall set forth or have attached a copy of the notice, shall set forth the dates of each publication and otherwise comply with the requirements of law. Proof of posting shall be by affidavit of the person posting the notices, which affidavit shall include a copy of the notice posted and the date and places of its posting.
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