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.
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.
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.
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.
Getting in touch is easy. Use the form below and request a free consultation today.
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.
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Let's talk about your legal issue
Wilson Legal Group P.C.
d/b/a Wilson Whitaker Rynell
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, divorce, or other personal needs, let us know how we can help you:
WILSON WHITAKER RYNELL
Thank You for Contacting Us!
Your information has been sent, and we will contact you shorlty...issues.
WILSON WHITAKER RYNELL
Oops, there was an error sending your message.
Please try again later.
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)