Legal Question in Family Law in Texas
Abodonement
My wife left my son and I two years ago, and there has been no contact with her for 1.5 years. When I can file for divorce based on abondonment or is there such a thing.
3 Answers from Attorneys
Re: Abodonement
You can file now. If you can not find her to serve her you can serve by publication (with court approval). e-mail me if you need more help.
Re: Abodonement
You can file at any time. YOu must have been a resident of the county where you file for at least ninety days before you file. Yes, you can alledge abondonment and use that as a basis to cut off visitation and force her to go to court to change it. As the others pointed out, you will need to give her notice of the lawsuit. If not personal then maybe substitute service on her parents, ect. Good luck and let me know if I can help.
Re: Abodonement
You can file now and you can also petition the court to have her parental rights terminated based on abandonment. That said, as part of the divorce, you must try to serve her with notice of the divorce petition and reasonable efforts must be made to locate her. Although, if she can't be found, a divorce can still be granted. I'll be glad to represent you in this matter. If you live in the Dallas - Fort Worth area, call me at 817-763-0600.