Spousal Abandonment in Texas: Legal Rights and Actions

Have you found yourself suddenly alone, unsure how to move forward after your spouse walks away? The heartbreak can feel overwhelming, and the unanswered questions might keep you up at night.

We know it takes courage to learn about your options, so let’s look at what spousal abandonment means under Texas law and how you may protect your interests.

What is Spousal Abandonment Under Texas Law?

Spousal abandonment occurs when one spouse willingly leaves the marital home with no plan to return, stays away for at least one year, and fails to communicate or offer any support. Under Section 6.005 of the Texas Family Code, this prolonged absence must be voluntary and without the other spouse’s consent. If the spouse who left was asked to go or clearly informed the other of such intentions, then abandonment might not apply.

Two points echo throughout: (1) there must be an intention to leave permanently, and (2) the spouse remains away for at least 12 months. Brief visits home can restart the one-year time period. Leaving temporarily or separating by mutual agreement usually does not meet the standard for abandonment. Courts look at the total picture, such as bank statements, text messages, or testimony from friends to confirm that your spouse left with no plan to return or assist you financially.

Initiating a Divorce Based on Abandonment

If you believe you meet the criteria for an abandonment claim, there are specific steps to follow. You should still meet Texas residency requirements and file a formal petition in the appropriate court. In the following sections, we outline how the process works, from filing the initial paperwork to presenting evidence of your spouse’s absence.

Filing Requirements and Procedures

To begin, you must file a divorce petition in the Texas county where you or your spouse has lived for at least 90 days. The state also requires that at least one spouse lives in Texas for six months prior to filing. These residency rules apply whether you pursue a fault-based divorce (due to abandonment) or a no-fault divorce.

If children under 18 are involved, you also need to include a Suit Affecting the Parent-Child Relationship (SAPCR). This ensures that custody, visitation schedules, and child support are properly established. Submitting the correct forms and fees to the right court sets your case in motion, so double-check that your documents are complete to avoid delays.

• Meet the six-month Texas residency conditio.
• Live in the filing county for at least 90 days
• Include a SAPCR if minors are part of the family

Serving the Abandoning Spouse

Once you file, you must serve the other spouse with divorce papers unless the court allows certain exceptions. Typically, a sheriff or private process server performs personal service, but that may be difficult if the spouse’s whereabouts are unknown. In those cases, you can request permission for an alternative service.

Alternative service might include posting a notice at the courthouse or publishing a notice in a local paper or online portal. Each court has its own guidelines, so follow them carefully. If no response is filed by the spouse after proper notification, you may file for a default judgment, allowing the court to finalize the divorce without further input from the other party.

Proving Abandonment in Court

Your case hinges on showing that your spouse left with no plan to return or continue the marriage. Courts often look for tangible proof of the cutoff in communication, withdrawal of financial support, and an entire year’s absence. You can submit records such as emails, texts, or testimony from friends and relatives.

Below is a brief overview of evidence that might support an abandonment claim:

Gather what you can, remain organized, and show the judge you reached out, yet your spouse made no consistent effort to support or reconcile. This preparation helps secure a positive outcome in court.

Legal Implications of Abandonment in Texas Divorce Cases

A divorce based on abandonment can carry added weight in property division and support orders. Family law judges in Texas still aim to make fair decisions. However, marital misconduct—like abandonment—may prompt the court to consider giving the abandoned spouse additional protections or a larger share of assets.

Property Division

Texas follows community property rules, typically splitting marital assets in a way that is “just and right.” Although a 50/50 split is common, judges can deviate when one spouse’s behavior harms the other. Abandonment may weigh in your favor if you had to shoulder finances alone or faced debt without assistance.

During the division process, you might request more of the marital estate or reimbursement for bills you covered while your spouse was away. Every situation is distinct, so courts look closely at each spouse’s role and contributions. Keep records of what you paid for household expenses after your spouse left, along with any savings they took or refused to share.

Spousal Maintenance (Alimony)

Texas Family Code Section 8.052 allows judges to consider marital wrongdoing when awarding spousal maintenance. If you have few resources and your spouse abandoned you, a judge might decide you need monthly support after the divorce. Multiple factors come into play, such as how long you were married and whether you can earn enough to meet your basic needs.

Keep in mind that spousal maintenance in Texas is often limited in duration. Courts might allow support for a few years, giving you time to regain financial stability. Show proof of your financial hardship and demonstrate how your spouse’s absence left you at a disadvantage.

Child Custody and Support

When children are also affected, judges rely on the “best interest of the child” principle, stated in Texas Family Code Section 153.002. Abandonment can influence a court’s custody decision, particularly if the departing parent took no steps to nurture or visit. In some cases, visitation might be restricted, or the absent parent could have limited rights.

Child support also comes into play. A parent who leaves still carries a financial duty to help raise the child. If you hold primary custody, the court calculates support based on the other parent’s income and the number of children. You may need help locating the other parent if they disappeared, but the judge can still make orders in their absence.

Alternatives to a Fault-Based Divorce

Pursuing a divorce based on abandonment is not the only path. You can file for a no-fault divorce based on “insupportability,” also known as irreconcilable differences. This bypasses much of the blame-based process and can move forward smoothly if both spouses agree.

However, going forward with no-fault divorce means that marital misconduct like abandonment might not impact asset division or support. In a more traditional fault-based case, you have a chance to show how your spouse’s actions harmed your financial wellness, possibly leading to a larger share of assets or spousal maintenance.

Contact Jackman Law Firm for Compassionate Legal Support

We take pride in delivering steadfast help to those facing the hardship of spousal abandonment. If you have concerns or want to learn about your next steps, feel free to call us at 844-303-0001 or visit our Contact Us page. We tailor our approach to each family’s needs in search of workable results. Let us partner with you to develop a plan that safeguards what matters most and helps you move forward with more confidence.