Ferguson v. Ferguson

With respect, I dissent. While I cannot disagree with my colleagues’ legal citations, this case simply exceeds the bounds even permitted now by Section 3.01 of the Texas Family Code.

At the hearing, the wife was asked:

“As of last night [the night before the divorce was granted], was he [the husband] continuing to live in the same house with you?”

*561She answered, “Yes.”

Later her attorney asked her:

“What I’m wanting the court to know is that since the filing of the divorce he has lived in your house, you all have slept in the same bed, and had relations?” To which she replied, “Yes.”

Before the…