Legal Question in Family Law in Texas

What is Public Law

My wife and I entered into a court ordered seperation agreement which divided all our personal and other property and allowed each to live as a single person. In the agreement I have a $150,000 penalty payable to my wife should I ever file for divorce. She has no penalty should she file for divorce. I would like to file for divorce. I have been told that the penalty against me violates public policy since there is no penalty against her. I would like to file for divorce. What does it mean against public policy. do I have a chance to get out of that penalty. What would I have to do to get out of the penalty.


Asked on 5/16/98, 10:52 am

1 Answer from Attorneys

Jeffrey Schlitt Jeffrey D. Schlitt, Attorney at Law

Public Policy is against limiting access to the Courts

Your question is more complicated to answer than appears on its face. The reason for this is that an attorney would need to read the document in question in order to give you a definitive answer.There are legal prohibitions against limiting a citizen's access to the court system in this state.That, however, does not actually help you, since the $150,000 could be, if properly phrased, not be conisdered a "penalty" at all. Without actually reading the document, it would be improper for me to guess what your actual liability would be.

Sorry, and good luck!!

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Answered on 6/09/98, 4:01 pm


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