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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Does Texas have a Spousal abandonment law

Resolved Question:

My mom left my father yesterday after enduring 30 years of verbal and psychological abuse. She left him a detailed letter explaining her reasons for leaving. In the letter she set certain qualifiers if he was interested in reconciliation. Among those demands was that he seek some psychological help and agree to sit down and talk to the spiritual leaders of the church they attend. He refuses. My question is this: Since she left him, does that mean that she gives up her rights in a court of law? Some states have laws about Spousal abandonment.
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

Dear davoleyan - I have included the abandonment statute for the state of Texas below. As you can see it constitutes grounds for divorce. That does not mean she gave up her rights to property but it could be grounds for him to file for divorce. Her interest in the real estate, if any, would continue and any rights to pensions etc would remain. I assume there are no minor children at this point but if so she would retain her rights in that regard.

David kennett - JD - Attorney at Law

§ 6.005. ABANDONMENT. The court may grant a divorce in
favor of one spouse if the other spouse:
(1) left the complaining spouse with the intention of
abandonment; and
(2) remained away for at least one year.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

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