Re Trial? Please Help.

[anonymous12]

I recently went through a divorce in texas and since the divorce, have gotten re-married and moved to a different state. My ex-spouse recently filed for a re trial because she felt that she was not given ample time to appear for the hearing, and also feels that I left out debt that she feels is owed to her. According to the state of Texas, all time constraints and necesarry attempts to serve and notify her were made and the judge signed off and granted the divorce. Is it often that a judge will grant a re trial on these basis?


My second question is in the motion for new trial that was sent to me, from an attorney, it states that part of the reason for the new trial is that I commited adultery and that was the reason she left and the reason for the divorce. Is the fact that adultery was involved reason for a new trial when it wasnt mentioned in the old trial? Included with the adultery accusation is private information that I feel is irelevant to the matter of new trial. It states that the adultery included both men and women. In order to appear for the hearing I have to take time off work, and my boss needs to see the motion for new trial to confirm the reason for my absense. Having my boss read that information is very embarrassing. Can I sue her and the lawyer for defamation of character since adultery on its own could have been stated? I feel very embarassed and feel that it was uncalled for to add in the nature of the adultery which both lawyers, judge, boss, current wife, and who knows else will see.

 

[LdiJ]

I recently went through a divorce in texas and since the divorce, have gotten re-married and moved to a different state. My ex-spouse recently filed for a re trial because she felt that she was not given ample time to appear for the hearing, and also feels that I left out debt that she feels is owed to her. According to the state of Texas, all time constraints and necesarry attempts to serve and notify her were made and the judge signed off and granted the divorce. Is it often that a judge will grant a re trial on these basis?

Property settlement issues, particularly omitted assets or debts are frequently valid reasons to re-open a divorce. From my observations TX also tends to allow default orders (if any) to be re-opened as well. The fact that she has an attorney willing to try it, is indicative that its possible.

;My second question is in the motion for new trial that was sent to me, from an attorney, it states that part of the reason for the new trial is that I commited adultery and that was the reason she left and the reason for the divorce. Is the fact that adultery was involved reason for a new trial when it wasnt mentioned in the old trial? Included with the adultery accusation is private information that I feel is irelevant to the matter of new trial. It states that the adultery included both men and women. In order to appear for the hearing I have to take time off work, and my boss needs to see the motion for new trial to confirm the reason for my absense. Having my boss read that information is very embarrassing. Can I sue her and the lawyer for defamation of character since adultery on its own could have been stated? I feel very embarassed and feel that it was uncalled for to add in the nature of the adultery which both lawyers, judge, boss, current wife, and who knows else will see.

If its the truth, then you cannot sue for defamation. Its also not her or the attorneys fault that your boss requires you to allow him to read your private legal matters.

 

[anonymous12]

The debt I can understand, I guess. Although truthfully I have no idea what debt she is referring to. In the initial divorce I covered everything we had to be best of my knowledge.

As for the defamation...I shouldn't have said boss. I'm in the military, so I'm going to have to show this motion to my commanding officer. They're not just going to let me take off a few days and leave to fly across the country to go to court without seeing some proof (the motion), that I really have to be there. I have to be stationed with this command for four years. Regardless whether it is true or not to me shouldn't matter. (And by the way, it is NOT true.) I feel a persons sexual preference should in no way be mentioned in an official document like that. The term should have been "adultry" and they should have left it at that. (Not, "he has had sexual relations with both men and women) She and the lawyer are more than aware that I am in the military. I feel the only reason they included this in the document was to embarrass me. And when it comes down to having to show my command this letter, they will have succeeded even more than they already have.

 

[LdiJ]

The debt I can understand, I guess. Although truthfully I have no idea what debt she is referring to. In the initial divorce I covered everything we had to be best of my knowledge.

As for the defamation...I shouldn't have said boss. I'm in the military, so I'm going to have to show this motion to my commanding officer. They're not just going to let me take off a few days and leave to fly across the country to go to court without seeing some proof (the motion), that I really have to be there. I have to be stationed with this command for four years. Regardless whether it is true or not to me shouldn't matter. (And by the way, it is NOT true.) I feel a persons sexual preference should in no way be mentioned in an official document like that. The term should have been "adultry" and they should have left it at that. (Not, "he has had sexual relations with both men and women) She and the lawyer are more than aware that I am in the military. I feel the only reason they included this in the document was to embarrass me. And when it comes down to having to show my command this letter, they will have succeeded even more than they already have.

Well, you could always try to settle the case so that you don't have to appear in court.

 

[cyjeff]

I agree.

She is trying to encourage you to settle out of court by stating embarrassing facts.

She is allowed to do that.

 

[anonymous12]

As for them wanting me to settle...I'm not so sure. I recieved the certified letter yesterday. First off, this is what I don't understand. It came from her home address, the date for the motion wasn't even in the document, her laywers name wasn't signed, it was initialled in what looked like her handwriting. The paperwork was mostly blank and filled with so many grammical errors that it was extremely hard to read. If I wouldn't have called my lawyer, the one I used in my original divorce with her, than I wouldn't have even known that the motion for a retrial was even real. My lawyer informed me it is set for Aug. 19th. That is 13 days away! I have yet to even hear from her lawyer, or her. She won't respond to emails, calls, anything. Getting ahold of her is impossible. In which I need to do because we didn't have a mortgage in our marriage, but we did have a car...A car that I gave to her in the divorce and she was awarded. Not once since the divorce in June has she made a single car payment, got it refinanced (as she was supposed to) or even paid insurance on it. I have! All so my credit wouldn't be ruined. I think that the statements in the motion "he has had sex with both men and women" was nothing more than a malicious attempt to damage my reputation with the military. It is not about a re trial based on a bogus 22k debt she claims I owe her, it is purely the fact that she is mad because i filed for divorce in Texas first, not California where she resides, and that in Texas there is no alimony law if you were married for under 10 yrs. We were married 7. She is extremely angry and bitter and is doing everything in her power to show that.