Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

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.

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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.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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