Legal Question in Family Law in Texas

I am in the state of texas. My divorce has been final for 2weeks. My ex found out I cheated and want to take me back to court. Can we go back to court for me cheating instead of no fault even though we have reached an agreement between us and the divorce is final and filed?


Asked on 4/06/11, 11:25 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Sure your spouse can go back to court. But what is the spouse going to get? A fault divorce is a property division issue -- what have you got to divide?

Also the spouse must PROVE adultery. It is costly & expensive to prove adultery. Also, the property division would be something like 60/40 versus 50/50. It's not going to be 100/0 or 90/10.

Your spouse would also have to draw up paperwork to reopen the case PLUS prove to the judge there is reason to re-open the case.

Your divorce becomes FINAL 31 days after the judge signs. So it sounds like you have 2 more weeks to sweat. After that your spouse can complain all they want but the judge can't do anything since the ink is "dry" and the decree is FINAL!

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Answered on 4/06/11, 11:43 am


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