Legal Question in Family Law in Texas

Sex during divorce proceedings

Wife initiates the divorce and moves out leaving the 7 yr old son with the father. After 18 months the wife as still not finalized the divorce. Is there any repercussion to the dad if the wife is now trying to initiate sex between the two?


Asked on 1/23/02, 12:15 am

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Sex during divorce proceedings

First, I don't know why you are waiting for the wife to finalize the divorce. If you have paid your attorney in full, get your attorney to file a Motion for the Judge to sign the decree as submitted, give your wife or her attorney a copy and set a hearing. As far as sex, the woman is still your wife and you can have sex with her if you want to - it should not be any greater factor in your divorce than anything else between the two of you.

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Answered on 1/23/02, 10:34 am
Brandon Manus Manus Law Office

Re: Sex during divorce proceedings

You don't mention whether this is a sudden development or something that she's been trying to initiate for some time. You should be suspicious of her motives; she may be pregnant by someone else and wants to try to make you believe that you fathered the child. She may want to get pregnant to have an excuse to call the divorce off or to have you pay more child support for a second child. Perhaps she wants to reconcile. It's difficult to say.

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Answered on 1/23/02, 10:29 am


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