What Are the Steps for Divorcing in Texas if Your Spouse Left Home 5 Years Ago?

Question from neo, What Are the Steps for Divorcing in Texas if Your Spouse Left Home 5 Years Ago?

Answer from AI:

If your spouse left home five years ago and you are seeking a divorce in Texas, there are specific steps and considerations to keep in mind. Texas law provides a framework for handling such situations, but it’s important to understand the process and your rights.

Residency Requirements

Before filing for divorce in Texas, you must meet the residency requirements:

• Either you or your spouse must have lived in Texas for at least six months before filing.
• Additionally, you must have lived in the county where you plan to file for at least 90 days.

Grounds for Divorce

Texas allows for both no-fault and fault-based divorces. Given that your spouse left home five years ago, you might consider the following grounds:

• No-Fault Divorce: The most common ground is “insupportability,” meaning the marriage cannot continue due to conflict or discord.
• Abandonment: If your spouse left with the intention of abandonment and has been gone for at least one year, you can file on these grounds.

Filing for Divorce

To initiate the divorce process:

1. File a Petition: You will need to file an Original Petition for Divorce with the district court in your county.
2. Serve Your Spouse: Your spouse must be formally notified of the divorce. This can be challenging if you do not know their whereabouts. You may need to request permission from the court to serve by publication or another method.
3. Wait for Response: Your spouse has a certain period to respond. If they do not respond, you may proceed with a default judgment.

Property Division and Spousal Support

Texas is a community property state, meaning that most property acquired during the marriage is subject to division. If your spouse has been absent, this can complicate matters:

• Property Division: The court will divide property in a manner it deems “just and right,” considering factors like the length of the marriage and each spouse’s financial situation.
• Spousal Support: You may request spousal support if you meet certain conditions, such as being unable to support yourself or having been married for at least 10 years.

Child Custody and Support

If you have children, the court will also address custody and support:

• Custody: The court will determine custody based on the best interests of the child, considering factors like each parent’s ability to care for the child.
• Child Support: The non-custodial parent may be required to pay child support, calculated based on their income and the number of children.

Legal Assistance and Resources

Given the complexities involved, especially with an absent spouse, consulting with a legal professional is highly recommended. They can provide personalized advice and help navigate the process.

For more information, you can refer to:

• Texas Family Code, Chapter 6 – Governs divorce proceedings.
• Texas Law Help – Offers self-help resources and legal information.

Remember, while this guide provides a general overview, each case is unique. Consulting with a legal professional will ensure that your rights are protected and that you follow the correct procedures.