Desertion by a spouse, under Texas law, can form grounds for divorce. This occurs when one spouse voluntarily leaves the other with the intent to abandon them, remains away for at least one year, and without the consent of the remaining spouse. Establishing these elements is essential to proceed with a divorce based on abandonment.
Seeking a divorce on the basis of abandonment offers a pathway for individuals when their spouse has permanently left the marital relationship. Historically, proving fault grounds like abandonment was the primary method for obtaining a divorce. While Texas now allows for no-fault divorce, abandonment remains a viable option in specific situations, particularly when the abandonment creates financial or emotional hardship for the remaining spouse.
