Divorced Without Notification

[Cali2385]

I have a question regarding divorce w/o notification. Here is some background information.

My spouse and I split in 2004, but not divorced. At the time, we were both living in California. He took our 2 children and moved to Texas a month later, against my will, with less then a 24 hour notice. (The children are a separate matter altogether and I will not bring that up here.) As I do not make enough money to contact a lawyer, I was told by not only law enforcement, but "California low income law advice" that I had no way to stop him and if I wanted to pursue him for the children, I would have to hire an attorney in Tx. I have lived in the same apartment and have had the same job since we split up. He has all my contact info. The only contact info I have for him is his email address, as the cell phone I had the number to has been disconnected. Since moving in with his girlfriend in May of 07, I have had very little contact with him and no contact since August 07.

He has recently stated and publicly proclaimed that he is "divorced". He had told me many times in emails, since he makes more money then I do, that he was going to file for our divorce, but I never received anything. After the last time he said he would file, I took it as a "cry wolf" type scenario and am still trying to save for an attorney. I have yet to receive any scrap of mail regarding filing, not one service, nothing.

My question:
Is it possible for him to have obtained a divorce in Tx with out me knowing about it? I have heard of a thing called a "missing spouse filing", but I am neither missing nor am I unattainable. As I stated before, he has my contact info. I am concerned about this, as I still do not have enough money to hire an attorney, but regardless of who files first, I want a say so in my children's lives that he has since denied me. I am not sure if he is exaggerating or "wishful thinking", but I am growing more and more concerned about his proclamations. If anyone has any information they could share, I would be very grateful.

Thank you in advance for reading the wall of text.

-Concerned in California

[Mr. Knowitall]

Is it possible? Anything is possible. He could have lied to the court about being unable to locate you.

[deskside]

It's called Divorce by Publication. My husband has been missing for 2 1/2 years and supposedly surfaced in a state that neither of us had a connection to. If it hadn't been for his attorney finding the missing person websites I had up, and feeling bad for what my daughters and myself have gone through, I could have been divorced and never known it. The attorney decided to look for me. At the moment though it could still go through that way even though the attorney has been in contact with us and knows one of my daughters work addresses and my other daughters cell phone and email he doesn't have my address yet. I'm trying to figure a way to get the petion thrown out on residency requirements not being met......not to mention I'm not even sure this is my husband. Pretty scary just about anybody can walk in and petition the courts to divorce anyone. Good luck to you!