How To Prove A Texas Divorce – Fault – Abandonment Claim
In Texas, a claim of Divorce – Fault – Abandonment is defined as:
A fault-based divorce is a more traditional process which requires at least one spouse to prove their marital partner is legally at fault and ask a judge to grant a divorce.
It simply means:
To get a divorce, a spouse must prove the other spouse is at fault.
There are 5 elements of the claim:
- Element 1. A spouse departed from the marital home. A spouse has left the shared home without permission or a good reason, which can be used as a legal basis for claiming fault in a divorce due to abandonment.
Facts that might support this element look like:
* The spouse left the marital home on January 15, 2023, without any prior notice or discussion.
* The spouse has not returned to the marital home since their departure, despite multiple attempts to communicate.
* The spouse has established a separate residence, as evidenced by a lease agreement signed on February 1, 2023.
* The spouse has ceased all marital responsibilities, including financial contributions and household duties, since leaving.
* The spouse expressed a desire to end the marriage during a conversation prior to their departure from the home. - Element 2. The spouse left with the intention of abandonment. In a divorce case, “abandonment” means one spouse left the other without any intention of returning, showing a clear decision to end the relationship, which can be used as a reason for filing for divorce based on fault.
Facts that might support this element look like:
* The spouse moved out of the marital home without prior discussion or agreement, indicating a clear intention to leave the relationship.
* The spouse ceased all communication with the other party, demonstrating a lack of interest in maintaining the marriage.
* The spouse has not returned to the marital home or made any efforts to reconcile since leaving.
* The spouse expressed a desire to end the marriage during conversations prior to leaving, showing a premeditated intention to abandon.
* The spouse has established a new residence and lifestyle that excludes the other party, further evidencing abandonment. - Element 3. The spouse remained away for at least one year. In a divorce case based on abandonment, one spouse must have been gone for at least a year without any contact or intention to return, showing that they have effectively left the marriage behind.
Facts that might support this element look like:
* The spouse moved to another state for work and has not returned for over a year.
* The spouse has not communicated with the other party since leaving, making it clear they do not intend to return.
* The spouse has established a new residence and has not visited the marital home in over twelve months.
* The spouse has not contributed financially to the household since their departure, indicating a permanent separation.
* The spouse’s absence has been continuous, with no attempts to reconcile or return to the marriage for at least one year. - Element 4. At the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period. To file for divorce in Texas based on abandonment, one spouse must have lived in Texas for at least six months before the divorce is filed.
Facts that might support this element look like:
* The petitioner has resided in Texas continuously for the past eight months, establishing domicile in the state.
* The respondent moved to Texas over a year ago and has maintained a permanent residence there since then.
* Both parties have registered to vote in Texas and have updated their driver’s licenses to reflect their Texas addresses.
* The couple has filed joint tax returns in Texas for the last two years, indicating their shared domicile in the state.
* The petitioner has enrolled their children in a Texas school, further demonstrating their intent to remain in the state. - Element 5. At the time the suit is filed, either the petitioner or the respondent has been a resident of the county in which the suit is filed for the preceding 90-day period. To file for a divorce based on abandonment, one of the people involved must have lived in the county where the divorce is being filed for at least the last 90 days before the lawsuit starts.
Facts that might support this element look like:
* The petitioner has lived in the county for over 90 days prior to filing the divorce suit.
* The respondent has maintained a permanent residence in the county for the last three months.
* Both parties have registered their vehicles in the county within the last 90 days.
* The petitioner has received mail at their county address for the past three months.
* The respondent has been employed in the county for over 90 days before the suit was filed.
(See Texas Family Code Section 6.005. Texas Family Code Section 6.301.)
If you’re in court without a lawyer and plan to assert a claim of Divorce – Fault – Abandonment, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.
Prove Your TX Divorce – Fault – Abandonment Claim
U.S. Civil Cases Only