Citation by publication is a method of serving legal documents in a Texas divorce case when the whereabouts of a party are unknown, and traditional service methods have failed. This method is considered a last resort and is only appropriate after a diligent effort to locate the missing party has been made without success.
Under Texas Family Code § 6.409, citation by publication in a divorce case is performed by publishing a notice in a local newspaper, but unlike other civil cases, it only requires one publication. The notice must include the correct case caption, reference to any minor children if applicable, and comply with the statutory requirements for content.
However, this method is not suitable if the defendant resides outside of Texas. In such cases, other methods, such as international service, may be required to ensure that the defendant is properly notified. Additionally, if citation by publication is used, the court must appoint an attorney ad litem to represent the interests of the non-appearing defendant, ensuring they receive fair representation even in their absence.
Citation by publication is a critical tool in divorce cases where a party cannot be located, but it requires strict adherence to legal standards to ensure the court’s jurisdiction and the validity of the proceedings.