Texas adultury question

[rlynn]

Would I be able to charge adultury and subpoena people to make my point (I have no video, audio, etc.), including both females in question and a few of his friends who knew? I found out for certain two weeks ago, but didn't leave, but have just changed my mind. Would that hurt my case? I would not be going for money (the only thing we share is debt thanks to his spending habits), I just want it to say it was his fault.

 

[I AM ALWAYS LIABLE]

Would I be able to charge adultury and subpoena people to make my point (I have no video, audio, etc.), including both females in question and a few of his friends who knew? I found out for certain two weeks ago, but didn't leave, but have just changed my mind. Would that hurt my case? I would not be going for money (the only thing we share is debt thanks to his spending habits), I just want it to say it was his fault.

My response:

Texas is a combination Fault / No Fault divorce State. Fault divorces cost much more money. Unless you want to spend the money, and get your "pound of flesh", just get a quick, no fault divorce. However, keep in mind that the two of you must be separated for two years before you can apply for dissolution of the marriage.

Texas Family Statutes (Divorce)
§ 6.003. Adultery

The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

IAAL

 

[rlynn]

Are you sure about the two year separation? My brother's divorce was final the other day, and I know they weren't separated more than a year, because they have a young son and I know they were together last Xmas. As a matter of fact, I think they separated just last April. Does the length of marriage matter on the separation time? We haven't had our 3rd anniversary yet and my brother was married less than 4 years.

 

[I AM ALWAYS LIABLE]

Are you sure about the two year separation? My brother's divorce was final the other day, and I know they weren't separated more than a year, because they have a young son and I know they were together last Xmas. As a matter of fact, I think they separated just last April. Does the length of marriage matter on the separation time? We haven't had our 3rd anniversary yet and my brother was married less than 4 years.

My response:

Yes, you would be correct if the following happened:

Texas Statutes (Family Codes)

§ 6.005. Abandonment
The court may grant a divorce in favor of one spouse if the other spouse:

(1) left the complaining spouse with the intention of abandonment; and

(2) remained away for at least one year.


Apparently, and in my research, I have found there are numerous time periods set up prior to divorce in Texas, depending upon the situation. In the "normal course", and in an agreed separation, the waiting time is 2 years.

But, like the above law, if one of the spouses says, "I'm leaving you, and I'm never coming back !", then the wait time is one year.

Why does the Texas Legislature make life so difficult with different time periods? (Rhretorical question) It seems that Texas could use a little "California injection" of laws - - that make sense.

Very weird.

IAAL