In the recent case of Steele v. Steele out of the Austin Court of Appeals, the appellate court held that sexual intercourse—allegedly provided under promise to dismiss a pending divorce action—cannot serve as the basis for failure to file an answer to the divorce petition.

Whoops

The Austin court did clarify in footnote two however that the sexual intercourse, provided under false pretenses as it was, might qualify as fraudulently preventing the non-answering spouse from appearing, and thereby affect his ability to secure a bill of review.

Thx to the Third District Court of Appeals

Advertisements