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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16112
Experience:  Licensed Texas General Practice Attorney
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Is there a legal course of action after divorce, other than

Customer Question

Is there a legal course of action after divorce, other than irreconsilable differences, when in my case, my husband didn't fight for our marriage. He had an affair with his student (former high school), and sitter for our son, and completely denied the affair. Of course, when the divorce was finalized, he continued his disgusting relationship. I suppose religion cannot be used as a binding contract. We all know what is typically said at the alter when people enter an agreement of marriage. However, I did not agree to "We have the future right to leave the marriage, because I simply want to." I'm not naive, and I do not wish for a future reconciliation with my ex; however I helped to engineer his life with love, commitment, etc. I helped him through a lot of hard stuff, and the wonderful stuff. Once he realized that he no longer needed me, he just left, and in the end it was my fault. I already know the answer, but agreements are entered in many arenas of business, and on personal levels such as marriage. Have precedents been created with this or with similar situations?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. There would not be, not for a lack of causes of action (that's another issue), but rather a procedural matter known as "compulsory joinder". A divorce is a lawsuit in and of itself. And in any lawsuit, the parties will need to "join" certain causes of action together that are related to each other and arise out of the same course of conduct / incident. For example, if someone ran into your car with theirs, causing damage to your car and injury to your body, you would sue only once to seek restitution for both the vehicle and injuries. You actually could not file two separate lawsuits, because it's the same defendant, the same actions and conduct that the cause of action arises out of, etc... So if you were to file a case just for damages to the car, and have a final disposition of that case, you could not then file an action for your injuries. That would be barred by "res judicata" (meaning that you should have brought that issue up in the first trial, as it was a claim that was required to have been joined with the first.

In the same sense, as you have a final disposition of the divorce, any claims relating to a breach of a marriage contract, etc... should have been brought up in the divorce action. If you actually did get divorced and the divorce is finalized, it would be too late to bring them up. His first and only argument could be that "it's too late", regardless of the merits of the claim. It's something that would have had to have been joined to the divorce action.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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