10/01/2026
If your spouse walked out and has not come back, you may have more legal options than you realize.
In Texas, abandonment is a recognized ground for fault-based divorce — but it comes with specific requirements. Your spouse must have left voluntarily, with the intention of abandoning the marriage, and been gone for at least one year.
When abandonment is proven, it can change everything about how your divorce is decided:
✅ A judge can award you a larger share of marital assets
✅ Courts look unfavorably on a parent who abandoned their family when deciding custody
✅ Spousal support becomes more likely — and potentially higher
✅ If your spouse doesn't respond to the divorce petition, the court can rule without them
You don't have to wait for your spouse to come back to move forward. Texas law gives you a path.
Read the full guide at the link below — or call us at 469-906-2266 to talk through your situation.
🔗 clarklawyer.com/blog/abandonment-as-grounds-for-fault-based-divorce-in-texas/
If your spouse left and has been gone for at least a year, Texas law may allow you to file a fault-based divorce on grounds of abandonment — with real consequences for property and custody.