What is the name of your state?I reside in Texas.
My estranged husband has filed for a divorce against me and I was just served a few days ago. Upon reviewing the divorce petition, his attorney has filed for Grounds for Divorce as "Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportable".
According to what I have read in the internet these grounds of "Cruelty" alleges that your spouse is guilty of such cruel treatment that you can't possibly go on living with him or her.. This covers the gamut from mental cruelty to physical abuse.
Does he have to prove this in writing or by any means of evidence? If not, wil lthis remain in the divorce decree?
These are false accusations and when I file an answer and counter-claim, I want to make sure that the Judge is aware that I can prove that he was the one guilty of cruelty.
Can I file a suit in District court at the same time filing my answer to respond to the divorce that his statement of cruelty is a false accusation and since he has signed the divorce petition that his statement is true, this would be considered a legal document. Due to his statement and false accusations, I am suffering from major depression?
I have never been convicted of a crime in my life. I have never had anyone state in writing in any form that I am guilty of cruelty.
Have there been any cases in the state of Texas that a person can file a Defamation action against their spouse?
I am preparing my case on my own and I will do my best to represent my self because I am unable to afford a divorce attorney.
Any advise would be greatley appreciated. If anyone has any state laws that would apply to my case I can use it in preparing my counter-claim. Thank you for your time!
My estranged husband has filed for a divorce against me and I was just served a few days ago. Upon reviewing the divorce petition, his attorney has filed for Grounds for Divorce as "Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportable".
According to what I have read in the internet these grounds of "Cruelty" alleges that your spouse is guilty of such cruel treatment that you can't possibly go on living with him or her.. This covers the gamut from mental cruelty to physical abuse.
Does he have to prove this in writing or by any means of evidence? If not, wil lthis remain in the divorce decree?
These are false accusations and when I file an answer and counter-claim, I want to make sure that the Judge is aware that I can prove that he was the one guilty of cruelty.
Can I file a suit in District court at the same time filing my answer to respond to the divorce that his statement of cruelty is a false accusation and since he has signed the divorce petition that his statement is true, this would be considered a legal document. Due to his statement and false accusations, I am suffering from major depression?
I have never been convicted of a crime in my life. I have never had anyone state in writing in any form that I am guilty of cruelty.
Have there been any cases in the state of Texas that a person can file a Defamation action against their spouse?
I am preparing my case on my own and I will do my best to represent my self because I am unable to afford a divorce attorney.
Any advise would be greatley appreciated. If anyone has any state laws that would apply to my case I can use it in preparing my counter-claim. Thank you for your time!