Texas Family Code - Section 3.301. Missing, Abandoned, Or Separated Spouse
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Texas Lawyer > Family Code > Texas Family Code - Section 3.301. Missing, Abandoned, Or Separated Spouse
§ 3.301. MISSING, ABANDONED, OR SEPARATED SPOUSE. (a) A
spouse may file a sworn petition stating the facts that make it
desirable for the petitioning spouse to manage, control, and
dispose of community property described or defined in the petition
that would otherwise be subject to the sole or joint management,
control, and disposition of the other spouse if:
(1) the other spouse has disappeared and that spouse's
location remains unknown to the petitioning spouse, unless the
spouse is reported to be a prisoner of war or missing on public
service;
(2) the other spouse has permanently abandoned the
petitioning spouse; or
(3) the spouses are permanently separated.
(b) The petition may be filed in a court in the county in
which the petitioner resided at the time the separation began, or
the abandonment or disappearance occurred, not earlier than the
60th day after the date of the occurrence of the event. If both
spouses are nonresidents of this state at the time the petition is
filed, the petition may be filed in a court in a county in which any
part of the described or defined community property is located.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by Acts 2001, 77th Leg., ch. 217, § 23, eff. Sept. 1,
2001.
Section: 3.101 3.102 3.103 3.104 3.201 3.202 3.203 3.301 3.302 3.303 3.304 3.305 3.306 3.307 3.308
Last modified: August 11, 2007
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