Most children at some point see movies that depict knights in shining armor or princesses eagerly awaiting the perfect marriage. Problems may exist, but they are easily overcome and quickly forgotten.
While these fantasies sometimes do come true, unfortunately for some, they don’t get the fairytale ending they had always dreamed of. Marriage is difficult, and sometimes can become impossible. Instead of dealing with issues as they come up, some people must walk away. This is referred to as a divorce based on abandonment.
The State of Texas has established laws concerning abandonment of marriage as one of seven main reasons for divorce in Texas which include: abandonment, cruelty, adultery in Texas, conviction of a felony, living apart, confinement to a mental institution, and divorce on grounds of insupportability. The latter is the most common and typically occurs when both spouses want the divorce because they feel there is no chance of reconciliation with one another.
What is Considered Abandonment in a Marriage?
What is spousal abandonment, how does abandonment affect a divorce, and is abandonment grounds for divorce? The State recognizes a divorce due to abandonment when the spouse who left clearly has no intention of returning and has no desire to continue the marriage.
When this happens, the spouse who was left at home is often facing all the responsibility themselves. From working to pay the bills to raising any children with no help, they are no longer getting any financial or emotional support. Everything falls on them.
It can be difficult to go from two incomes to one or for a spouse who hasn’t been working to quickly find a job. Other serious considerations are the children. Having to deal with finances and raise children alone is difficult and most judges will understand the predicament of the spouse who was left behind.
Regardless of the reasons the spouse took off, they are no longer contributing financially or emotionally to the children and the courts will oftentimes recognize this. Texas family law courts understand that in most cases, the children benefit from having both parents in their lives. However, when one parent abandons their family, it shows immaturity, lack of concern for the children, and instability on their part.
While these issues may be upsetting, it can often mean the courts are more likely to grant the remaining parent sole custody in Texas and sole decision making in a spousal abandonment in Texas case.
Is Emotional Abandonment Grounds for Divorce?
Spousal abandonment laws will take into consideration emotional abandonment when one spouse is emotionally unavailable to their partner. Most laws consider abandonment as giving up an interest, possession, privilege, or right, intending to never reclaim it.
This can happen when outside factors are impacting the relationship, such as drug use, when one spouse has lost all interest in anything besides the drugs. Sometimes it can just happen when the couple no longer communicates, and the relationship breaks down. In some cases, emotional abandonment is done consciously by one partner.
When is emotional abandonment grounds for divorce? When there is no chance of reconciliation. Filing abandonment for divorce is often the outcome of having an emotionally lacking spouse.
How to File Abandonment in Texas
You’ve likely been left wondering – how do I file for spousal abandonment? Abandonment laws in Texas can be confusing, so having an experienced divorce lawyer in Houston, TX on your side is important. A legal abandonment divorce in Texas can be easier with someone fighting for you.
You’ve already been left with the financial responsibilities and taking care of the children, so having to worry about how to file abandonment in Texas is just one more thing on the list that you can leave to someone who understands law. Our professional team will help educate you on what constitutes abandonment in a marriage and the process for getting a divorce due to abandonment so that the court process will go as smoothly as possible.
When you retain the services of The Moffett Law Firm, we help you fight for you and your family’s best interests, from child custody to division of assets. In some rare cases, your spouse may file a countersuit, but you’ll have an experienced team on your side, aggressively pursuing your interests.
Contact The Moffett Law Firm today to schedule a consultation.