Legal Question in Family Law in Texas
desertion divorce laws in Texas
My husband deserted me 3 months ago, and has moved to another city. We have no children, and he said he will not contest a divorce, so can I go ahead and file for a divorce based on abandonment? We have both lived in Texas for more than 8 months. If I do qualify to file for a divorce based on desertion or abandonment, how long will it take before it is granted?
Thanks
1 Answer from Attorneys
Re: desertion divorce laws in Texas
Texas has no fault divorce. You don't need grounds to file for divorce in Texas.
Fault grounds (abandoment, etc.) only come into play when you are asking for a disproportionate share of the community estate.
A divoce must be on file for a minimum of 60 days.
Usually, however, a divorce takes longer than 60 days.
Don't waste your money on a kit from Office Depot. They don't work!
I'd go to your local courthouse and see if there is any free legal help. Harris County is now providing some free legal help and a free pro se divorce booklet.
You can also call Lone Star Legal Services for free legal help.
You might also call your local bar association and see if they have fee reduced attorneys or any assistance.
A divorce without kids is not complicated -- if both parties sign and don't want to fight.
Good luck!
Fran Brochstein
www.familylaw4u.com
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