Legal Question in Family Law in Texas
Asking a Judge to drop a Fault Ground
Has a respondent ever asked a judge to drop one of the grounds if there isnt any evidence and still grant them a divorce. The ground being adultery.. The other two I agreed is living apart our whole marriage (he was and still is in prison) and insupportability. He isn't asking for anything, just wants to be mean and degrade me.
2 Answers from Attorneys
Re: Asking a Judge to drop a Fault Ground
This isn't TV. Most divorces are not settled in a big trial in front of the Judge and a jury. Most are settled before hand or only limited issues are brought before the Judge for him or her to decide. You really need an attorney!
Re: Asking a Judge to drop a Fault Ground
I totally agree with Pat. I also highly recommend her & you can tell her that I said so!
If he's in prison, then he's going to have trouble getting to court for the divorce trial. Also, you can't attend mediation since he's not available to attend.
He'll have to prove adultery and it is often not as easy as some people think it is.
Good luck!
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