Legal Question in Family Law in Texas
My brother is 21 he got married to a 16yr old whom now is 17 yrs old. When they got married she had to be emancipated. He is wanting to divorce her, but she is claiming if he divorces her. He can get in trouble by abandonment, is that true? Everything is in his name- car, house, bank, etc. is there a choice where he can drop her off at her mothers and it be safe on his side? For he being 17 as of today and was emancipated, does it consider her to be an adult in Texas? He wants a divorce because she committed adultery and other personal issues.
1 Answer from Attorneys
Your brother can file for a divorce. The court will not make one party stay married to another party if the party does not want to be married. Abandonment is a ground for divorce that a party can plead for if certain conditions are met. Specifically, the court may grant a divorce if the other spouse left the complaining spouse with the intention of abandonment and remained away for at least one year. Your brother cannot make his wife leave the community residence. He can petiton the Court through a temporary order hearing for the exclusive control of the residence. This is not a guarantee the Judge would award one party the exclusive control for this is an issue that is typically reserved for the final hearing.
Property acquired during marriage is considered marital property. Your brother can file for a divorce on the ground of adultery. If his wife was emancipated, she will be considered an adult.
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