Under Section 153.001, the Texas Family Code sets out that it is the public policy of the State of Texas to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
A person may still receive a divorce in the state of Texas if they are unable to locate their spouse, it just requires a few extra steps than a regular divorce. If you truly do not know where your spouse is living, you may petition the court to allow you to serve your spouse via publication.
1. Having Unrealistic Expectations : The Texas Family Code will dictate many aspects of your divorce, including child support, custody and division of property. You will probably be awarded what is considered a fair and equitable division of the marital estate and you will probably be awarded or ordered to pay guideline child support. Expecting to take your spouse to the cleaners or having sole custody of the children, absent strong circumstances to support otherwise, is not likely to happen and you should focus on a reasonable resolution rather than “winning” your divorce.
Mediation is very popular as a method for settling divorce cases rather than going to trial and it has many proponents. But why should you attempt mediation rather than go forward at trial?