Divorce rates are down. In the United States, fewer marriages are breaking up, according to some population researchers. Whether rising or falling, the divorce rate reflects a wide range of causes and effects. The well-known and often-cited justifications of adultery, abuse, cruelty and irreconcilable differences still make regular appearances in court papers. Among the causes for divorce, abandonment would seem the most cut and dried. Yet, like so many legal issues, this claim is subject to many diverse circumstances. The Eggleston Law Firm works through these factors to ensure the client has sound cause for divorce.
Texas Law states One Year must have passed
Texas, like many other states, requires a full year of absence on the part of a prospective defendant before a plaintiff can make a claim of abandonment. In addition, that year must include no return appearances by the departed spouse. Otherwise, the day count gets erased, only to reset if the wandering mate leaves again. To be clear, if one spouse leaves the other on January 1st, abandonment is not recognized to be valid if he or she shows up on September 27th, or November 6th, or even December 29th. This might seem like a long time to wait but Texas courts look at an uninterrupted year as an adequate measure of the deserter’s intentions.
Indeed, intention goes to the heart of an abandonment finding. For example, one spouse may be transferred to another place of employment while the other prefers to stay put. The remaining partner cannot get a divorce based on abandonment (all other factors being equal, that is) because they insisted on abiding at the original homestead. To be sure, getting a divorce is possible, just not on grounds of abandonment. Proving an absolute and willful intention to desert a marriage and family is not always easy. Furthermore, the decision to flee may reflect an existential need to escape, as with cases of physical abuse. With such conditions verified, the departure does not qualify as abandonment or desertion.
Desertion, Abandonment and those left behind
Whatever the surrounding relationship dynamics, one spouse abandoning another can leave emotional scars and economic hardships. Actually, sometimes one marriage partner will up and leave because the fees and costs associated with a divorce for, say, irreconcilable differences are too high (and pro bono attorneys too scarce). In any event, the loss of an income-or, at least, the absence of an able-bodied wage-earner-can devastate a family financially. The emotional toll can be equally disabling. While the latter is a difficult problem to overcome, those deserted do have options when it comes to assets and financial matters.
Contact us at Eggleston Law Firm
These available options must be explored with seasoned attorneys who know the ins and outs of family law, especially where abandonment is concerned. Recovery from desertion is possible. The experienced divorce lawyers at the Eggleston Law Firm are experienced in these matters, and, know how to help any victims of abandonment attain stability and justice.