1) three months is not enough time to sustain a claim for abandonment unless he has indicated he has no intention of returning and would the say the same to the judge,
2) If you were to file divorce, having him served would be very simple. In your service request you would check service by sheriff and include the additional nominal fee (usually $25).
3) He may expect spousal support since you earn more than he does, but since the incomes are somewhat equal, the amoun tof support, if any, would be very small.
Grounds for Filing: The Petition for Divorce must declare the appropriate Texas grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:1. The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.2. Cruelty. 3. Adultery. 4. Conviction of a Felony.5. Abandonment (at least one year). 6. Living Seaprate and Apart for Three Years.7. Confinement in a Mental Hospital. (Texas Code - Family Code - Chapters: 6.001-6.007)
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.