A marriage can fall apart for many reasons. One of the more difficult situations is when one spouse walks away, leaving the other to manage life, bills, and sometimes children, alone. If your spouse leaves and doesn’t return, it’s natural to feel uncertain about your next steps.
The good news is that Texas law provides a path forward for those who need to know how to file for an abandonment divorce in Texas. A Frisco divorce attorney at Albin Oldner Law is here to help you understand your options and guide you through the process of filing for divorce on the grounds of abandonment in Texas.
What does abandonment mean in Texas?
First, let’s define what legal abandonment in Texas means. Unlike a mutual decision to live apart, Texas Family Code Section 6.005 sets a clear standard for fault divorces. To successfully prove abandonment, you must demonstrate three key things:
- Your spouse leaves you with the intention of abandonment, meaning they have no intention of returning to the marriage.
- The abandoning spouse voluntarily left the marital residence.
- The abandonment occurs, and the spouse has remained away for at least one year.
Crucially, if your spouse left because you asked them to, or if they have continued to provide meaningful financial support to the household or for children, it may not meet the strict legal definition of abandonment.
Also, if they return even for a brief visit within that year, the clock for the continuous one-year period could reset. This type of fault divorce in Texas must be proven with evidence showing your spouse left the marital residence intentionally and remained away for at least one continuous year
Filing for divorce on the grounds of abandonment
Like any divorce in Texas, your first step is meeting the state’s basic residency requirements. You must have lived in the state for at least six months and in a specific county for at least 90 days. Once you meet those, you will formally file for divorce by preparing and submitting an Original Petition for Divorce with the court.
Here, you will cite the statutory grounds for abandonment as the reason you are pursuing a fault-based divorce. While many couples choose to file for a no-fault divorce based on insupportability, filing for divorce on the grounds of abandonment may influence the judge’s decisions later.
How abandonment impacts divorce issues in Texas
Abandonment can impact the outcome of key issues, including property division, child custody, and support.
- Property division: Texas is a community property state. However, if the court finds that your spouse abandoned you, it may award you a more favorable share of the marital property.
- Child custody: Abandonment can weigh heavily against the non-custodial parent when determining custody, especially if they failed to maintain contact or provide support.
- Financial support: A parent who walked away from responsibilities may face greater spousal maintenance or child support obligations.
Ultimately, abandonment can shape the direction of your divorce proceeding by influencing how the court views property, custody, and support.
The challenge of locating and serving the abandoned spouse
One of the biggest hurdles in an abandonment case is legally notifying the other party. In every divorce in Texas, the petitioner must notify the respondent that they have filed for divorce. This is called service of process. If you know where your spouse is, service can be accomplished relatively easily by a sheriff, constable, or private process server.
However, the process is trickier if you do not know where to find your spouse. You and your divorce attorneys must demonstrate due diligence in trying to locate the abandoning spouse. This means meticulously documenting all of your attempts to find them. If you have exhausted all reasonable avenues, your attorney can ask the court for permission to use alternate service, which often involves publishing a citation in a newspaper or posting a notice at the courthouse.
Moving forward with default judgment
In many abandonment cases, even after proper service, the abandoning spouse fails to file an Answer with the court. When the required legal timeframe passes and the respondent spouse fails to engage in the process, the court can grant a default judgment.
A default judgment allows the judge to finalize the divorce without the participation of the other spouse. This means the judge will make decisions regarding all the issues, including the final divorce itself, child custody, child and spousal financial support, and property division, based solely on the evidence and testimony you present.
While this may sound like an easy win, it is crucial to present a well-documented and fair proposal. The judge will still only approve orders that comply with Texas law and are in the best interest of any children involved.
Take the next step after your spouse leaves
Abandonment is painful, but it also provides a clear legal justification for ending a marriage and starting a new chapter. If your spouse left you and has not returned, Texas law gives you the right to file for divorce.
Albin Oldner Law will stand with you and help you through this process with compassion and determination. If you are considering filing for divorce on the grounds of abandonment, contact us today at (214) 423-5100 or contact us online to learn how we can help you move forward and secure your future.
