Yes. Here's the scenario. You and your spouse separate and fall out of touch with each other. Your spouse, for whatever reason, decides it's time to divorce you but doesn't know how to reach you. Your spouse can file for divorce in Alabama (and most other states for that matter) and seek the court's permission to serve you by publication, the running of an advertisement about the divorce filing that runs for four consecutive weeks in a local newspaper. And this is often a newspaper that no one but lawyers reads.
At the end of the four weeks, you are deemed to have been served with legal process about the divorce case, even though everyone knows there's little or no chance you actually would have read that notice. 30 days after that, your spouse can file an application with the clerk to have you declared in default, clearing the way for your spouse to give oral testimony in court and obtain a divorce.
No. He/she is legally entitled to notice. The court will insist the other party be notified and you will need to attest to the fact they have been notified. The only time a spouse may not know of the divorce is when they are of "parts unknown". Generally, in that case the court will require they be sent notice at their last known address and a notice must be published in the newspaper.
Yes
You continue with the divorce proceeding. A spouse who refuses to sign the divorce papers can delay the proceedings by making it take longer but they cannot prevent the divorce.
No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)
yes you do
Yes. A judge decides whether or not a divorce will be granted, a spouse does not. The fact that your spouse will not sign a piece of paper has no bearing on the issue. The fact that your spouse has retained a lawyer has nothing to do with it. The lawyer represents your spouse's interests. The lawyer is there to take you to the cleaners.
Ask your attorney about suing your husband for divorce "in absentia).
To file in Texas, one of you must have lived in Texas for the last 6 months, and in the county where it's filed for at least 90 days before the Petition was filed. So, if you live in California but your spouse is in Texas, you can file where your spouse lives.
The couple would file for divorce where they reside.
When you file your Petition for Divorce, you need to also file an Affidavit swearing you've tried to find your spouse but have been unable to, and don't know where he/she is. Pay the extra fee to the clerk to have the spouse served by publication.
You would need to sue your former spouse for a modification of the divorce degree. Proper venue for this suit would depend on where the former spouse and children currently live.
If the divorce in Texas is final, then there is no restriction on how long until you get married. And when you apply for the license you have to be unmarried. If previously married, the date of divorce or date of spouse's death must be supplied.
Yes. You can file for divorce in the state in which you were married or the state in which you are a resident of. It does not matter that you and your spouse live in different states you just cannot file for divorce in a state that neither have you have any relation to. It would be best for you to file first, since you live in different states, to spare yourself the traveling costs and other expenses that would be associated with traveling to Texas should your spouse file first.
Of course you can!