What is Considered Abandonment in a Texas Divorce?

When a marriage is no longer working, divorce is often the only option. Filing for divorce can be a complicated process, and laws vary from state to state. In Texas, it is important to understand what is considered abandonment in a divorce. This article will explain the legal definition of abandonment in a Texas divorce, common forms of abandonment, and what constitute it.

Under Texas law, abandonment is defined as one spouse's voluntary withdrawal from a shared residence without the intention of returning and without the consent of the other spouse. Generally, abandonment must occur for a period of at least one year in order for it to be considered a ground for divorce. Additionally, the spouse leaving must have done so with the intention of forsaking the marriage. This is an important distinction; if the spouse leaving had a legitimate reason for their departure and did not intend to abandon the marriage, the court may not consider it as a ground for divorce.

Under the Texas Family Code, abandonment is a ground for divorce. There are two types of abandonment in Texas that can be grounds for divorce, physical abandonment and emotional abandonment. It is important to note that for someone to declare abandonment as a valid ground for their divorce in Texas, they must prove that their spouse’s behavior meets one of the definitions of abandonment listed below.

Physical abandonment is when one spouse completely abandons their marriage and household, leaving the other spouse alone in the marriage. This type of abandonment is typically associated with leaving the marital home, especially when one spouse does not return for an extended period of time. In addition to physically leaving the home, any intentional avoidance of marital duties such as providing financial support, maintaining communication with the other spouse, and providing emotional support can be considered physical abandonment.

Emotional abandonment, however, occurs when one spouse neglects or refuses to provide emotional support and affection to their spouse. This type of abandonment is typically evidenced by words or actions that demonstrate a lack of love, understanding, and mutual support between spouses. This can include refusing to spend time with each other, acting cold and distant, failing to offer emotional support when requested, and refusing to engage in activities normally associated with a healthy marriage.

When filing for a divorce in Texas, the party initiating the proceedings must be a resident of the state. In addition, the filing party must prove that the marriage has been abandoned by the other spouse. In Texas, abandonment constitutes more than merely moving out of the marital home; the divorcing spouse must meet certain criteria in order to show that abandonment occurred.

For starters, Texas courts consider a period of continuous absence of at least twelve months an act of abandonment. This period of absence must have been against the wishes of the other spouse and without his or her consent. The abandoning spouse must also have had no intention of returning to the marital home. Furthermore, any move away from the marital home that is not accompanied by an intention to never return is not considered abandonment.

Other actions that could constitute abandonment for purposes of a Texas divorce include:

• Unexplained and extended absences from the marital home
• Intentional desertion of the other spouse
• Refusing to care for or provide for the other spouse
• Failing to provide emotional or physical support to the other spouse
• Withholding of affection from the other spouse
• Committing adultery or engaging in inappropriate behavior with a third party.

Proving abandonment in a Texas divorce is complex and requires an extensive review of multiple factors. If you are considering filing for divorce in Texas, it is recommended that you meet with a divorce attorney to discuss the specifics of your situation and determine whether you can provide sufficient evidence to prove abandonment.

Divorce is always a difficult process, but understanding the laws in the state of Texas can make it easier. Abandonment is one of the grounds for divorce in Texas and it is important to understand what it means and what constitutes it. Knowing what constitutes abandonment can help you decide if it is the best option for you. If you think that you may need to pursue a divorce on the grounds of abandonment, it's important to seek help from a divorce attorney. They can provide you with the advice and guidance you need to make the best decision for your situation.