Re: Lies

[MCE]

What is the name of your state (only U.S. law)? TEXAS
THIS IS ANOTHER QUESTION REGARDING THE CONVENIENT " MYSTERIOUS LADY " THAT SHOWED UP OUT OF THE BLUE JUST LAST THURSDAY. THE UPDATE ON THAT IS THAT MY BROTHER HAS BEEN SERVED DIVORCE PAPERS A FEW DAYS AFTER THIS LADY MADE THIS PHONE CALL (MONDAY ). REASON ON THE DIVORCE PAPERS, ADULTERY. THE THING IS THAT HE HASNT HAD AN AFFAIR AND THIS MYSTERIOUS LADY JUST RECENTLY APPEARED. MY UNDERSTANDING IS THAT IT TAKES 3 MONTHS FOR THE DIVORCED PAPER TO BE PROCESSED. SO HOW IN THE WORLD CAN THAT BE USED ON THE REASON FOR DIVORCE, SINCE THIS LADY DID NOT EXIST UNTIL A FEW DAYS AGO? UNLESS, IT WAS MADE UP TO BE USED AGAINST HIM. IF THAT IS THE CASE AND IT IS PROVEN THAT SHE IS A FALSE WITNESS, CAN MY BROTHER SUE THAT LADY, OR EVEN HIS WIFE FOR FILING ADULTERY WHEN IT DID NOT EXIST?

[HomeGuru]

Originally Posted by MCE

What is the name of your state (only U.S. law)? TEXAS
THIS IS ANOTHER QUESTION REGARDING THE CONVENIENT " MYSTERIOUS LADY " THAT SHOWED UP OUT OF THE BLUE JUST LAST THURSDAY. THE UPDATE ON THAT IS THAT MY BROTHER HAS BEEN SERVED DIVORCE PAPERS A FEW DAYS AFTER THIS LADY MADE THIS PHONE CALL (MONDAY ). REASON ON THE DIVORCE PAPERS, ADULTERY. THE THING IS THAT HE HASNT HAD AN AFFAIR AND THIS MYSTERIOUS LADY JUST RECENTLY APPEARED. MY UNDERSTANDING IS THAT IT TAKES 3 MONTHS FOR THE DIVORCED PAPER TO BE PROCESSED. SO HOW IN THE WORLD CAN THAT BE USED ON THE REASON FOR DIVORCE, SINCE THIS LADY DID NOT EXIST UNTIL A FEW DAYS AGO? UNLESS, IT WAS MADE UP TO BE USED AGAINST HIM. IF THAT IS THE CASE AND IT IS PROVEN THAT SHE IS A FALSE WITNESS, CAN MY BROTHER SUE THAT LADY, OR EVEN HIS WIFE FOR FILING ADULTERY WHEN IT DID NOT EXIST?

**A: oh brother. You type in all caps then you have a freaking soap opera story. I suggest you watch a few more reality TV shows.

[MCE]

Believe me i am not a soap opera fan, but in this small town , everyone knows everyones business. And you dont have the in laws i do. Why do people do what they do, makes it like a soap opera. Which makes me mad at their behavior. But at this point the only way to fight back is with the law, since she has brought things to this extreme.

[HomeGuru]

Originally Posted by MCE

Believe me i am not a soap opera fan, but in this small town , everyone knows everyones business. And you dont have the in laws i do. Why do people do what they do, makes it like a soap opera. Which makes me mad at their behavior. But at this point the only way to fight back is with the law, since she has brought things to this extreme.

**A: ok, seems like your in-laws are outlaws.

[MCE]

Exactly...thats why im asking a legal question. What are odds in getting his name cleared, at least that. If she wants a divorce, fine, but she also wants to leave HIM in the street, literally. And that is just plain vindictive. So he needs some justice on his behalf. The wives arent always the inocent victims in divorce cases.

[quincy]

Judges (and pretty much everyone else) expect divorcing parties to lie. Divorce papers will often contain exaggerations or distortions or lies. These exaggerations, distortions and lies can serve to justify the divorce to the party filing for divorce, and these exaggerations, distortions and lies can be used to support a more favorable settlement for one party over the other.

However, courts operate on facts and evidence and, in Texas, the grounds for divorce must be substantiated by evidence or testimony. There must be proof to support any claims.

A Texas divorce can be no-fault, or the grounds for divorce can be adultery, mental cruelty, imprisonment or a felony conviction, abandonment, living separately and apart, or insanity. In your brother's divorce, without this "mystery woman" available to testify, or convincing evidence of her existence to present to the court, your brother's wife has nothing to support her claim of adultery as grounds for divorce.

If your brother's wife DOES manage to produce this mystery woman for the court's benefit, or if your brother's wife presents convincing evidence of her existence and convincing evidence of your brother's supposed affair with her, then your brother potentially has legal actions he can pursue against his wife and this mystery woman, if he can show the woman is a fake and the affair is a lie.

He must be able to show that the mystery woman was used by his wife to acquire a heftier share of the marital assets (or for some other nefarious purpose) and/or he must be able to show that the false accusation of adultery has been made to others (outside court proceedings) and the false accusation of adultery has injured his reputation enough to support a defamation action.

Your brother should probably be thinking about hiring a divorce attorney about now, I imagine - he can and should go over all of this with his attorney.