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A primary reason I filed divorce was because of a family assault upon me. However Prosecutor just dismissed it for want of prosecution. Furthermore Respondent/Defendant is trying to expunge it expeditiously before divorce trial commences.
My question is, how can I ensure that I am allowed to raise the issue of that family assault as my major claim/fault for the divorce? It happened within two years of filing divorce and the Texas Family Code says it SHALL be considered. However, Rules of Evidence says it cannot be used. I am concerned that I cannot prove fault if I am not allowed to raise that issue.
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