Missing Spouse or Abandonment- What proof needed?

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Latest post 09-10-2010 9:59 AM by Drew. 7 replies.
  • 07-28-2010 3:56 PM

    • g_Askin
      Consumer
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    • Joined on 07-28-2010
    • TX
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    Missing Spouse or Abandonment- What proof needed?

    According to my own research I found that in the state of Texas it is required that the it has be at least a year to file under grounds of Abandonment or Missing Spouse. This is not  grounds of Living Separately (req- 3yrs +). I read I need proof to show that I have tried to contact him. For example: Mail spouse’s last known address with a “Return Service Requested” notation on the envelope– if it is returned this proves I attempted contact.

    He left saying we are divorced (altho we weren't..unsure if it was a midEast thing- hes Jordanian). He left willfully stating he will not return & hasn't. Its been a year now. He refused to disclose where he was going to. He told me to leave him alone  I tried to email but got no reply back. I tried to call him & found his number was changed.I called & left a mssg with his manager (he didnt call back), then sent a txt mssgs to him & mutual friends & other co-workers of his to have him contact me by phone or email. I finally got txt mssg back from employer stating "He don't work here anymore & dont have his new number".  He never filed for a divorce & has informed me that he did not because he doesn't have another women he wants to be with but still does not want to be with me.(kinda like a trade- in situation to me I guess).

    Since I do not have any address that he went to (last known address is my own), neither any employment or phone number, what proof can I submit? I have only txt messg from former employer. Also can the publication in the newspaper, once I file, be counted as proof?

  • 09-10-2010 2:12 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    Good day.  My name is Jon.  My oldest sister has .. exact same situation.. and I'm seeking same advice.  Her ex also was/is Jordanian (Amman, JO).  He received his degree in IT, and left after his 9 yrs/green card.  He left with no forwarding info, re-settled and remarried in his country (according to sources), even though still legally married in USA. 

    Since he is back in his country, she was told it falls under international jurisdiction and that he was still entitled division of property laws, etc., (even though she has nothing and he's never inquired) that she'd have to come-up with estimated $1800 to get divorced from him.  She said that she can't apply/receive social security, disability, etc. until she divorces him on paper.

    I'm trying to do as much research as I can for her.  I think she was given false/inaccurate info from the legal research before.  I could be wrong, it just doesn't make sense that since he left ( late '80s) with no contact since, that she should be able to file on her own ( affordably) without any loopholes or dormant, int'l red-tape nonsense. 

    Pray all will be answered for us, and good luck to you.

  • 09-10-2010 3:13 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    "Since I do not have any address that he went to (last known address is my own), neither any employment or phone number, what proof can I submit?"

    You might be able to only need Proof of Citatation by Publication.  See Texas Family Code Chapter 6, Subtitle C (Dissultion of Marriage) Section 6.409. (a) and (b).  Here is a link:

    http://www.statutes.legis.state.tx.us/

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-10-2010 3:36 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    hollifield_jd:
    Good day.  My name is Jon.  My oldest sister has .. exact same situation.. and I'm seeking same advice.  Her ex also was/is Jordanian (Amman, JO).  He received his degree in IT, and left after his 9 yrs/green card.  He left with no forwarding info, re-settled and remarried in his country (according to sources), even though still legally married in USA. 

    I am assuming your sister lives in OK?   Consider reading Title 43 "Marriage and Family" in the following link:

    §43‑101.  Grounds for divorce.

    The district court may grant a divorce for any of the following causes:

    First.  Abandonment for one (1) year.  Read More….

    http://www.lsb.state.ok.us/osStatuesTitle.html

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-10-2010 4:23 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    Am very appreciative.  Sorry, though .. forgot to mention sister lives in Texas.  I know should be able to file for abandonment ... but needing info on how to do it.  He's in Jordan ... not ever going to return, to our knowledge.  She corresponded with him not too long ago, asking for either death certificate, or money she needs to file with atty.  Since then, no more replies from him. 

    I'm trying to research ... can she do it on her own, affordably, without having to hire unnecessarily expensive atty?  ( No disrespect to any atty's ).  Does she just post public notice here in last US addy? ... in Amman, Jordan public media/paper? ... in an email at his last known email addy?  How long is comfortable length of time to await before saying " no response ", then can she just take those public attempts to her local clerk and file them with divorce petition?

    Really appreciate any/every -one's time.  Have great and blessed day!

  • 09-10-2010 4:47 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    Since she has corresponded with him in his home country, I would say she follow the Texas Rules pertaining to posting a citation in his home country's newspaper. With some Internet Research, I am sure you can get an address of a newspaper of where the estranged husband lives, and most likely to read.  She would only have to do that one time. 

    She could also post in her area, since she really does not know if in fact he has not returned to the U.S.  Proof that she made every effort, it seems is all she would need.  YES.  She can file for a Dissulionment of Marriage, on her own (Pro Se).  Her county courthouse may have a website offering more information, on the specifics (how, what forms, rules of court / proceedure).

    After all this time (late 80's), I highly doubt she will have any trouble getting the court to grant her divorce.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-10-2010 5:01 AM In reply to

    Re: Missing Spouse or Abandonment- What proof needed?

    Refer to the link I posted earlier, which gives you the actual time frame (I recall 20 days after posting in the newspaper).

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-10-2010 9:59 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,348

    Re: Missing Spouse or Abandonment- What proof needed?

    Laymans suggestions:

     

    There may be some tactical advantage to being first to file --I'm sure you want TX jurisdiction not JO jurisdiction!  So were i in your shoes I'd make haste to file.

    Texas has some quirky spousal support rules. Me, I'd ask for some rehabilitative spousal support in a modest sum certain with interest and costs of collection  to be in order.

    He most likley won't pay but it may give you leverage if he seeks to return to US and you can get a contempt of court order issued.



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