Can an attorney provide assistance throughout the entire abandonment divorce process in Texas?
How to File for Abandonment Divorce in Texas
When your spouse has abandoned you or your marital home in Texas, you may be able to file for a type of no-fault divorce called “abandonment divorce”. This type of divorce allows you to end your marriage without proving wrongdoing or fault on the part of your spouse. Here’s what you need to know to file for abandonment divorce in Texas.
Step 1: Meet the Residency Requirements
To file for abandonment divorce in Texas, you or your spouse must have lived in Texas for at least six months prior to filing. Additionally, you or your spouse must have lived in the county where you plan to file for divorce for at least 90 days prior to filing.
Step 2: Gather Evidence of Abandonment
Before you can file for abandonment divorce, you must have evidence that your spouse has abandoned you or your marital home. Evidence of abandonment can include:
- Proof that your spouse has moved out of the marital home and has not returned
- Proof that your spouse has not provided financial support for you or your children
- Proof that your spouse has cut off communication with you and has not made any attempts to contact you
Step 3: File a Petition for Divorce
To file for abandonment divorce in Texas, you must file a petition for divorce with the appropriate family court. You can file for divorce on your own, or you can hire a divorce attorney to help you with the process.
Your petition for divorce must include information about your marriage, your spouse’s abandonment, and any property or assets that you and your spouse own together. You will also need to pay a filing fee when you submit your petition.
Step 4: Serve Your Spouse with the Divorce Petition
After you file your petition for divorce, you must serve your spouse with a copy of the petition. This means that you must deliver the petition to your spouse in person or by mail.
Step 5: Attend the Divorce Hearing
Once you have filed your petition and served your spouse, you will need to attend a divorce hearing. During the hearing, the judge will review your petition and any evidence you have submitted. If the judge determines that you have met the requirements for abandonment divorce, they will grant your divorce.
Conclusion
Filing for abandonment divorce in Texas can be a complex process, but it can be a good option for those who have been abandoned by their spouse. If you are considering filing for abandonment divorce, it’s important to seek the guidance of an experienced divorce attorney to ensure that your rights are protected throughout the process.