Abandonment and Divorce in Texas
ATTORNEYS IN DALLAS
Texas courts will award an abandonment divorce if the one spouse intentionally leaves the marital residence with no intention of returning for at least one continuous year
Abandonment and Divorce
When people get married, they are vowing to love each other for the rest of their lives. Some people fail to keep that promise and leave their spouse and martial home, permanently. In these cases, the spouse left behind can file for divorce on the grounds of abandonment. Proving abandonment however, can be challenging and works best with the help of a skilled divorce attorney. Our Dallas divorce attorneys have the skills and the experience to gather the needed evidence to pursue a ruling in your favor.
Abandonment and Divorce in Texas
The grounds for ending a marriage are listed in the Texas Family Code, and one of those reasons is abandonment. As per the Code, abandonment occurs when a spouse leaves with the intent of abandoning their partner and stays away for at least one year. This means that if a spouse is away from home for valid reasons like business or military deployment, it would not be considered abandonment. The one-year period must be uninterrupted, if the abandoning spouse returned occasionally, the clock would reset each time they came back.
Proving abandonment can be a challenging task since the spouse seeking a divorce must provide clear evidence of their estranged partner's intent to leave and the exact duration of their absence. It's also essential to demonstrate that both parties did not mutually agree to the separation to settle disputes or initiate a dissolution process. Furthermore, if the departing spouse continues to offer financial support or contributions to their partner, the court may refuse to consider such actions as evidence of abandonment.
How Abandonment Effects the Divorce Proceedings
Whenever a divorce is filed in Texas, the spouse initiating the action must provide the other spouse with a copy of the petition for dissolution, along with any proposed parenting plan or property settlement. There are various ways to accomplish service of process, which include involving a process server, sheriff, or constable to serve the necessary papers.
The service of process is a crucial aspect of any divorce action, and the court cannot move forward with the case until the responding party receives the necessary papers. However, in situations where abandonment is involved, the petitioning spouse may face difficulty in locating the responding spouse, or the responding spouse may try to evade service. Under such circumstances, the petitioning spouse can request that the court allows alternative methods of service, such as publication-based service.
Once service of process is done, the responding spouse is required to submit a response by the first Monday that falls after 20 days from the service date. If they miss this deadline, the petitioning spouse can request a default judgment. In the case of a default judgment, the court will decide matters such as property division and child custody without any contribution from the abandoning spouse.
Speak with an Experienced Dallas Divorce Attorney
If a spouse abandons their partner and does not return, the deserted partner may opt for a fault-based divorce on grounds of abandonment. The attorneys at Wilson Whitaker Rynell can assist you in protecting your interests in divorce proceedings. Our firm has experience representing clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
- Divorce and Winning the Marital Residence
- Dividing Stocks & Bonds in Texas Divorce
- Divorce During Pregnancy
- Divorce for the Professional Athlete
- Divorce for Business Partners
- Domestic Violence and Texas Divorce
- Egregious Conduct and Equitable Distribution
- Evidence in Fault Divorces
- Evidence in High Net Worth Divorce Clients
- Expert Witness Testimony in Divorces
- Financial Disclosures in Divorce
- Fraudulent Transfers of Property
- Hidden Assets by Spouse in Divorce
- High Net Worth and Client Defense
- Informal Marriage in Texas Divorce
- Insurance Plans in Texas Divorce
- Intellectual Property in Divorce
- International Divorce and Legal Rights
- Interspousal Gifts and Divorce
- Jointly Titled Personal Property
- Just And Right Property Division
- Marital Assets
- Marital Debts After Divorce
- Military Divorce in Texas
- Mixed Property in Property Disputes
- Modification of Spousal Support in Texas
- Modifying Marital Property Agreements
- Motions in Divorce Proceedings
- Oil And Mineral Rights in Divorce
- Partition or Exchange Agreements
- Divorce and the Mediation Process
- Process of Filing for Divorce in Texas
- Property Division and Distribution
- Property Division and Appeals
- Property Settlements in Divorce
- Proving Marital Property Agreements
- Rehabilitative Spousal Maintenance
- Same Sex Divorce
- Separate and Community Property
- Separation Agreements
- Social Media Use in Divorce
- Social Security Benefits in Divorce
- Spousal Maintenance in Texas
- Spousal Support Violations in Texas
- Tax Planning in Divorce
- Termination of Spousal Maintenance
- Timing of Divorce in Texas
- Trust Assets in Texas Divorces
- Trusts In Divorce
- Uncontested Divorce in Texas
- Undisclosed Assets after Divorce
- Voiding a Marriage in Texas
Best Texas Divorce Lawyers
Our Dallas Divorce Attorneys Serve Clients Throughout Texas
In order to best prepare yourself during the divorce process, it is vital that you have a
qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of
family and
divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.
CLIENT MATTERS
5,000+
YEARS OF SERVICE
25+
Award Winning
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Expert Team
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Quality Representation
