Legal Question in Family Law in Texas

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.

Asked on 8/05/11, 6:51 pm

Mark Dunn Mark D. Dunn

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0 attorneys agreed

You probably don't need to appear at this hearing; you should hire a lawyer to represent you. Seriously.

Generally, allegations in a pleading aren't actionable (for defamation).

Answered on 8/09/11, 6:04 am

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