Abandonment and Divorce

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.