Special exceptions are a procedural tool used in Texas divorce cases to address deficiencies or unclear aspects of the opposing party’s pleadings. Under Texas Rule of Civil Procedure 91, either party can file special exceptions to point out specific defects, omissions, or generalities in the other party’s pleadings. The purpose of these exceptions is to force the opposing party to clarify their claims or defenses, ensuring that the case proceeds on a clear and specific basis.
If the court sustains a special exception, the party whose pleading is challenged is given the opportunity to amend it. If they fail to do so, or if the amended pleading still doesn’t meet the legal requirements, the court may grant a summary judgment against them. This makes special exceptions a powerful tool for refining the legal arguments in a divorce case and potentially resolving issues before they escalate to a full trial.
Using special exceptions effectively requires a keen understanding of legal pleadings and strategy. An experienced family law attorney can help determine when and how to use special exceptions to strengthen your case.