Abandonment as a fault ground in Texas divorce

Posted on Thursday, November 3rd, 2016 at 7:28 pm    

There are several reasons that a divorce in Texas law can be considered under a fault ground, though such a process can be unappealing if there is a waiting period. One of them is abandonment.

To begin, a court will not consider abandonment as such a reason if your spouse has not been gone for a year with the intent to leave, which you must prove. Many people, especially in the cases that the spouse’s money supplemented their own income, this can feel like an extraordinarily long time. Many of these people have children that they cannot support without their spouse and, in such cases, a suit can be filed for an affected Parent-Child relationship, granting custody and support.

In the case that marital misconduct occurred, which judges will not always grant, the normal equal division of property may be adjusted. In a case that involves abandonment, the abandoning spouse is not allowed to ask for support, while the filing spouse does have that option if they had been married for 10 years. Often, this support will last for less than three years and will not exceed a fifth of the spouse’s income.

Divorces tend to be messy and confusing and it’s always a good idea to hire an attorney to represent your needs and wants in the face of your dissolving marriage. Contact one of our attorneys at BB Law Group PLLC by calling (832) 534-2589 today.