Legal Question in Family Law in Texas
seperation issues
I have been seperated from my spouse since Jan. living in the same house, seperate rooms, not communicating. What can I do since I'm seperated? I have been seeing someone and my spouse knows this. She now has decided to sue the person I am seeing for everything they have and has hired a private investigator to follow me for proof of adultery. Is any of this admissable in court since we both agree we're seperated? She has now decided that she will contest the divorce and request a trial by jury, appeal if divorce is granted and keep doing it all the way to supreme court to stay married to me. I live in Texas where seperation isn't legal..Can you help me?
1 Answer from Attorneys
Re: seperation issues
Since Texas does not recognize "separation" you are still married.
You need to file for divorce and ask for temporary orders.
In Texas, if one spouse wants a divorce you will eventually get divorced.
She is free to go "all the way to the Supreme Court of Texas". However, it will cost her thousands of dollars. She can appeal the trial court but she will need a reason to have the trial court overturned.
Even if she wants to remain married, she cannot force you to remain married to her.
She can, of course, file a lawsuit against the person you are dating. However, that person would probably be successful in defending herself against the lawsuit. The legislature of Texas eliminated alienation of affection lawsuits years ago.
Good luck!
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