In situations where personal service of citation is not possible, Texas law allows for substituted service under specific circumstances. Substituted service is an alternative method of delivering legal documents when traditional methods, such as personal delivery or certified mail, have been unsuccessful. This process is governed by Texas Rule of Civil Procedure 106(b).
To obtain permission for substituted service, the plaintiff must file a motion supported by a sworn statement detailing the attempts made to serve the defendant and the reasons for their failure. The court may then authorize substituted service by leaving the documents with someone over sixteen at the defendant’s usual place of abode or by another method that is reasonably calculated to notify the defendant, such as social media or email.
It’s important to note that the return of citation must explicitly state how the substituted service was performed according to the court’s order. Failure to comply strictly with the court’s instructions for substituted service can result in the invalidation of the service and any default judgment based on it. Therefore, ensuring that substituted service is carried out correctly is crucial for maintaining the integrity of the divorce proceedings.