pjc-family-2024-lib

PJC 201.1

D ISSOLUTION OF M ARRIAGE

instructions and questions based on Tex. Fam. Code §§6.004–.007 should be substi tuted for or given in addition to those instructions. Condonation. Condonation is a defense only if the court finds that there is a rea sonable expectation of reconciliation. Tex. Fam. Code §6.008(b). Because lack of a reasonable expectation of reconciliation is part of the insupportability ground for divorce under Tex. Fam. Code § 6.001, condonation is not a defense to a suit based on insupportability. If only fault grounds are pleaded and condonation is a possible defense, the facts required to demonstrate condonation vary with the ground for divorce being asserted. Because of this variance and the fact that condonation is so rarely asserted as a defense, no pattern instruction is included in this volume. If condo nation is raised by the evidence, an instruction tailored to the facts and to the ground for divorce asserted in the particular case should be included in the charge.

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