Sunday, January 27, 2008

Alienation of affection in the State of Texas

The Texas Legislature eliminated alienation of affection years ago. So if your spouse is having an affair and you want to sue that person, tough luck! You can have them testify in court but getting money out of them for taking your spouse away, won't work in Texas.

1 comment:

Robert Rivera said...

I'm a 51 year old man, who just got divorced. I have two children that were separated in the divorce. While the alienation of affection could apply in my case, I understand that Texas did away with the law. The problem I have with it is that it was an attorney who was representing my wife and I at the time the affair started. They started having an affair and my wifes decided he had deeper pockets then I and she was better off. I'm made arrangement to move out after attempts at counseling which only reenforce that the affairs was going on. He continued to represent us, but the affair also continued. After moving out I attempt to moved back in, when my wife then filed for a divorce, which he testifed in court that he assisted her in filling out the paperwork which included a restraining order against me without a hearing. He went to the court house with her to file it, and got a judge to sign it. He never puts his name on any of the paperwork and then got another attorney friend to act as my wife's attorney, but he prepared the whole case. He moved into my home and is trying take over my role with the children all while being married himself. He had my wife sell him all the community property so I wouldn't get anything, but yet they both knew it was a violation of the Petition for Divorce which he wrote up and she sign. Did he have alot to gain and was it right? In court he testified under oath which proved alot of wrong doing on both parts. My wife was still sleeping with me after our separation until I told him of it. They said that all the property was sold so she ould paid her bills, but in the long run the judge reversed the sells granted me part of the property and turned the payments he made for the property into gifts to my wife. She benefited for her affair and he lost a large sum of money for his wrong doing. While Texas doesn't have a law against "Alienation of Affection", things of this nature should not be allowed. My marriage while may not have been in the best shape, should not have been destoryed, especially by an attorney who was representing us at the time and more so while married himself. I believe this would have been a very good case for "Alienation of Affection", but I truly feel this is a very good case with all the testamony on the attorney's behalf under oath to take action against through the bar association and other civil action. I believe the judge's ruling itself showed wrong doing, because my wife's attorney lover was the major loser in our divorce case. I know that attorneys are busy people and also stick together pretty good, but I would appreciate if you could give me a short response to my comments and let me know if this is the standard you feel that attorneys should abide by. I have read the Texas Attorneys Code of Ethics and I'm not sue I would want to be sticky together with this. Thank you for your time and for allowing me to post this comment. My email if you all anyone wishes to respond is r2rivera.1@swbell.net. Hope to hear from you.