Legal Question in Family Law in Texas
I have been married for 3 years. We do not have any children, joint accounts, property or assets together. For 3 years I have allowed him to abuse me. I've tried to leave on several occasions but I always let him cry and beg me to come back. I always fall for it. I am finally putting my foot down and saying no to the abuse. He pulled a gun out on me one time and punched my face several times. That same night he took my own hand and beat his own face with it, so he could say I hit him as well. When my sister called the cops I begged her to tell them it was a mis-understanding because I was so afraid I would be sent to jail too, with his own claim of how I hit him. I didn't see how evil his control and manipulation was in all of that. When the cops came, My sister and I told them it was a mistake, and they left. I left him for a month and then went back to him because he is so good at playing the "I've Changed" role. Well... 6 months later, I finally had it with all of the continued abuse and his constant drug use. I can now see he will not change and it's me who is stupid for even hoping this. I want to file for a divorce. I know he won't agree to it. He says he doesn't want to live without me. I know I can have him served. But what if he shows up to court doing the same sob story to the Judge? Will the Judge order counseling and deny our divorce? What will happen? WiIl I have to go to counseling with someone who has proved to be a great liar and just wait for him to jump out from behind the curtain?
1 Answer from Attorneys
No, the Judge will NOT deny your divorce just because Dad tells a sob story. Dad CAN ask the judge to appoint a counselor, but the counselor doesn't attempt to repair the marriage; his purpose is to render an "expert opinion" as to whether or not there's hope of reconciliation. It's in section 6.505 of the Texas Family code.