Can my husband abandon me without divorce papers?

We live in Texas and rent our home from a friend of his that lives in California. He has tried to convince me to leave but I told him I would not. He said he would leave. If I get served and he leaves me with nothing is there something I can do for financial support? If he just leaves without serving me, again is there anything I can do? I am a full-time student, and only work part-time. I do not have the means to afford a new place, I have no family here to move in with.

Fort Worth, TX -

Attorney Answers (2)

Fran Brochstein

Fran Brochstein

Family Law Attorney - Houston, TX
Answered

You do not need to leave. You cannot be evicted until a judge evicts you. So the landlord would need to evict you by the proper eviction process in the State of Texas.

If he leaves, you could file for divorce and ask for temporary orders. In the temporary orders you could ask for temporary spousal support in order to get some time to get your life re-started.

I would sugest that you start looking for a job now. The judge is not going to force your husband to support you for a long time. You did not include how long you have been married, if you have children and/or what your community assets are.

You truly need to meet with a family law attorney in your area and discuss your options with an experienced family law attorney. It is a pity that you are going through this during this holiday season but you need to start making plans. You might need to file for divorce now while you know where he is so that you can serve him with divorce papers. You don't what him to move and disappear because then you would be in trouble.

Look on this website for an attorney.

Good luck and I hope that you are able to have a Merry Christmas.

Howard M Lewis

Howard M Lewis

Family Law Attorney - Framingham, MA
Answered

I am very sorry that you are going through this. Unfortunatley, yes he can leave and your can leave, however if he does, you may be able to seek the appropriate support from the local court if he has filed or you should file for a divorce. I hope things work out and take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more

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