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While rare, Texas courts will award an abandonment divorce if the other spouse has voluntarily left the marital residence with no intention of ever returning and has stayed away for at least one year. The one-year period must be continuous.

As defined in Section 22.041 of the Texas Penal Code, an individual can be charged with abandoning or endangering a child if they intentionally abandon a child under the age 15 under any set of circumstances that expose the child to an unreasonable risk of harm.

What Is Abandonment in Texas? Texas defines marital abandonment this way: One spouse voluntarily leaves the joint home and plans never to return. The abandoned spouse may or may not know where the other has gone. Before any legal action can be taken, the remaining spouse must have been abandoned for at least one year.

Requirements for Abandonment Divorce in Texas To claim abandonment as a ground for divorce, you must have been abandoned for at least a year. If your spouse is only absent for 6 months, then that is not enough, even if your spouse claimed they weren't coming back.

If the father has abandoned the child with the mother, a family member, or another person without providing support to the child for at least six months, their parental rights may be terminated.

Abandonment as Grounds for Divorce Abandonment is one of seven different ?grounds for divorce? listed under Texas law. Abandonment can be grounds for divorce if your case meets two different requirements: Your spouse left with the intention to abandon you. Your spouse stayed away for at least a year.