Tex. Fam. Code Section 6.409
Citation by Publication


(a)

Citation in a suit for dissolution of a marriage may be by publication as in other civil cases, except that notice shall be published one time only.

(b)

The notice shall be sufficient if given in substantially the following form:
"You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10 a.m. on the Monday next following the expiration of 20 days after you were served this citation and petition, a default judgment may be taken against you. The petition of __________, Petitioner, was filed in the Court of __________ County, Texas, on the ______ day of __________, against __________, Respondent(s), numbered ______, and entitled ’In the Matter of Marriage of __________ and __________. The suit requests __________ (statement of relief sought).’
"The Court has authority in this suit to enter any judgment or decree dissolving the marriage and providing for the division of property that will be binding on you.
"Issued and given under my hand and seal of said Court at __________, Texas, this the ______ day of __________, ______.
By _______, Deputy."

(c)

The form authorized in this section and the form authorized by Section 102.010 (Service of Citation by Publication) may be combined in appropriate situations.

(d)

If the citation is for a suit in which a parent-child relationship does not exist, service by publication may be completed by posting the citation at the courthouse door for seven days in the county in which the suit is filed.

(e)

If the petitioner or the petitioner’s attorney of record makes an oath that no child presently under 18 years of age was born or adopted by the spouses and that no appreciable amount of property was accumulated by the spouses during the marriage, the court may dispense with the appointment of an attorney ad litem. In a case in which citation was by publication, a statement of the evidence, approved and signed by the judge, shall be filed with the papers of the suit as a part of the record.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Source: Section 6.409 — Citation by Publication, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­6.­htm#6.­409 (accessed Apr. 20, 2024).

6.001
Insupportability
6.002
Cruelty
6.003
Adultery
6.004
Conviction of Felony
6.005
Abandonment
6.006
Living Apart
6.007
Confinement in Mental Hospital
6.008
Defenses
6.103
Underage Annulment Barred by Adulthood
6.104
Discretionary Annulment of Underage Marriage
6.105
Under Influence of Alcohol or Narcotics
6.106
Impotency
6.107
Fraud, Duress, or Force
6.108
Mental Incapacity
6.109
Concealed Divorce
6.111
Death of Party to Voidable Marriage
6.201
Consanguinity
6.202
Marriage During Existence of Prior Marriage
6.203
Certain Void Marriages Validated
6.204
Recognition of Same-sex Marriage or Civil Union
6.205
Marriage to Minor
6.206
Marriage to Stepchild or Stepparent
6.301
General Residency Rule for Divorce Suit
6.302
Suit for Divorce by Nonresident Spouse
6.303
Absence on Public Service
6.304
Armed Forces Personnel Not Previously Residents
6.305
Acquiring Jurisdiction over Nonresident Respondent
6.306
Jurisdiction to Annul Marriage
6.307
Jurisdiction to Declare Marriage Void
6.308
Exercising Partial Jurisdiction
6.401
Caption
6.402
Pleadings
6.403
Answer
6.404
Information Regarding Protective Orders
6.405
Protective Order and Related Orders
6.406
Mandatory Joinder of Suit Affecting Parent-child Relationship
6.407
Transfer of Suit Affecting Parent-child Relationship to Divorce Court
6.408
Service of Citation
6.409
Citation by Publication
6.410
Report to Accompany Petition
6.411
Confidentiality of Pleadings
6.501
Temporary Restraining Order
6.502
Temporary Injunction and Other Temporary Orders
6.503
Affidavit, Verified Pleading, and Bond Not Required
6.504
Protective Orders
6.505
Counseling
6.506
Contempt
6.507
Interlocutory Appeal
6.601
Arbitration Procedures
6.602
Mediation Procedures
6.604
Informal Settlement Conference
6.701
Failure to Answer
6.702
Waiting Period
6.703
Jury
6.704
Testimony of Husband or Wife
6.705
Testimony by Marriage Counselor
6.706
Change of Name
6.707
Transfers and Debts Pending Decree
6.708
Costs
6.709
Temporary Orders During Appeal
6.710
Notice of Final Decree
6.711
Findings of Fact and Conclusions of Law
6.712
Date of Marriage Requirement in Final Decree
6.801
Remarriage
6.802
Waiver of Prohibition Against Remarriage
6.4035
Waiver of Service
6.6015
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate

Accessed:
Apr. 20, 2024

§ 6.409’s source at texas​.gov