Can my husband use abandonment if I move out with the kids, while he stays to sell our house?

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Can my husband use abandonment if I move out with the kids, while he stays to sell our house?

I want to leave my marriage with my 2 children. Not enough money for a divorce, and legal aid is out. Can my husband say I abandoned the marriage or the house if I leave?

Asked on July 29, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Texas recognizes fault and no-fault grounds for divorce.  Abandonment is one of the grounds and here is the definition for the purposes of this questions:

The court may grant a divorce in favor of one spouse if the other spouse: (1) left the complaining spouse with the intention of abandonment; and (2) remained away for at least one year.

So yes, if you left the house with the intent of leaving the marriage and stayed away for a year he could try and use it.  But if this is amicable the no-fault way is the way to go.  I am just guessing that it is not amicable.  What concerns me here are the children and that he will say that you took them away from him.  That is never good.  You say  legal aid is out but what about your local bar association?  They often have pro bono programs.  There are a lot of issues that need to be addressed and this forum is not the place to give a full evaluation of a case.  Please get help.  Good luck.


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