Legal Question in Family Law in Texas

I am petitioning the court for substituted service in a divorce. My husband and I have had no contact for the last 4 years. I had the constable serve him at our last known address. But, the constables office will not prepare an affidavit because I knew it was a bad address for him. All I received was a constables return and hand written notes. Should I attach this in place of the Affidavit? Or, should I prepare an affidavit by myself explaining the circumstances of the abandonment and no contact within the last 4 years with myself or any of his family members by him?

I have paid an attorney to draft the documents for em. Although, he seems to be having trouble with the Rule 106 Motion.

Asked on 7/15/13, 11:09 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

You need the affidavit. If you knew it was a bad address and have not taken further steps to ascertain the correct address then you have not satisfied the conditions to receive substituted service.

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Answered on 8/01/13, 10:01 pm

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