In Texas, divorce cases where a spouse is missing must follow specific guidelines. The petitioner must use an alternative measure to present a divorce summons. The court requires the petitioner to wait until their spouse has been gone for at least one year. Divorce Attorneys Bee Cave TX assist with divorces based on abandonment.
Using Abandonment for Divorce Grounds
The petitioner files due to abandonment after one year. The grounds apply if the petitioner doesn’t know the location of their spouse. The process starts with service by the public. An ad is placed in the legal section of the local newspaper for six weeks. The defendant has 60 days to respond to the ad. If the defendant doesn’t respond, the petitioner gets a final decree through a default judgment.
A Failure to Respond
If the couple had children, the petitioner receives sole custody if the defendant doesn’t answer the summons. The child custody arrangements include child support payments. The defendant doesn’t have any choices if they don’t respond. Their failure to respond gives the petitioner full rights to the children, and the court orders child support according to the total number of children produced during the marriage.
Dividing Marital Properties
Defendants that don’t respond or contest the divorce also lose their rights to any marital assets. The court awards all the marital assets to the petitioner through the default judgment. The defendant cannot file a new petition or acquire any marital assets after the final decree is rendered. Even if they discover the divorce within a few months, the decision is final.
Alimony Payments and Support
It is less likely that the court will assign alimony in the case. However, if the couple was married for at least ten years, the petitioner has rights to their spouse’s pension plans and retirement.
In Texas, abandonment indicates that a spouse left the marriage without intending to returning. The divorce grounds allow the petitioner to file using an ad in the legal section of the newspaper. Petitioners who want to learn more about the grounds and how the proceedings work can contact Divorce Attorneys Bee Cave TX through Margaglione Law PLLC right now.