Legal Question in Family Law in Texas
abandonment new law automatic divorce
My fiance was married 12 years ago. After 1 month of marriage his wife disappeared - he filed a missing persons report and a "legal separation" a month later because his wife was seen at a strip joint in Dallas applying for a job, she then told her employer she was leaving the state and no one has seen her in 12 years.
We were told by the Woman's Law Center in San Marcos Texas - that my fiance is already divorced by virture of a new or Recent Texas law on spousal abandonment. We were told that he doesn't even have to file anything because of the abandonment and because it has been 12 years since he saw her. What is this "new law" and shouldn't he at least file an affidavit in support of the new law? Or are we free to marry in April as we planned? I would appreciate any assistance you could provide as well as directing me to a printed copy of this law.
Thanks.
2 Answers from Attorneys
Re: abandonment new law automatic divorce
The information you received has a small grain of truth to it, but by and large is incorrect. In Texas, if you are married by common law, you must commence a proceeding in which that status is proved within a certain period of time after separation. I believe the period of time is now one year, but I am not certain as I am not at my office right now. Family law attorneys have wondered what happens if no divorce proceeding is brought during the pertinent time period - are the parties automatically "common law divorced?"
None of this applies if your fiance was ceremonially married. If so, he must file a petition for divorce. He can serve his wife by publication - in other words, a newspaper notice when no one knows where the other spouse is. I see no reason why you cannot accomplish this by April if you begin now: A Texas divorce must be on file for at least 60 days to be granted, and you may not remarry within thirty days after the decree is signed. So, you will see, you need to get cracking, but there is time.
Re: abandonment new law automatic divorce
I agree with Jimmy Verners response. To be frank, as a lawyer from San Marcos, I have run across other errant advice from this group. I would appreciate it if you could tell me who at the center told you this so that I can try an clear the matter up.
If you need any help please let me know. Myoffice number is 512 392 5010
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