Legal Question in Family Law in Texas

sole custody/divorce when husband is missing/homeless

How do I file sole custody & divorce when I don't even know where my husband is? Does he need to be served papers? I there a family law code that will protect my children? My husband has been diagnosed schizophrenic and totally denies his illness, therefore he refuses any type of treatment. His illness has declined over the past 5 yrs to the point that he is now homeless, missing and wandering the streets (by his choice). He has resisted all efforts by myself and his family to get help. I believe he is in another state as it was his last known location since 8/04. He lost his job 5/04 and quit supporting our 2 children. He abandoned us 8/04. He started wandering the streets homeless 3/05. I don't know if he is coming back to Texas or not. Where do I start in divorce/custody proceedings?

Asked on 3/26/05, 2:46 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: sole custody/divorce when husband is missing/homeless

Based on your zip code I belive that you live in Harris County and you will need to do a divorce by publication.

Since there are minor children involved, the court will appoint an attorney on behalf of your husband. This attorney will attempt to locate him. If he cannot be located, the attorney will make a report to the Judge.

You will have to pay for this attorney.

To handle a divorce by publication, my office charges a deposit of $990 (this includes the filing fees that Harris County charges) then a weekly payment plan based on your income. If you overpay us, we write you a refund check at the end.

Usually the attorney appointed to represent your husband will also accept a payment plan.

We handle these sort of divorces but be prepared for it to take much longer than the usual 60 day waiting period.

Best of luck,

Fran Brochstein


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Answered on 3/26/05, 5:47 pm

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