A special appearance is a legal tool used in Texas to challenge the court’s jurisdiction over a respondent in a divorce case. When you file a special appearance, you are essentially arguing that the Texas court does not have personal jurisdiction over you because you do not have sufficient contacts with the state.
To be effective, a special appearance must be filed before any other pleadings, including motions to transfer venue or answers to the petition. It must be supported by a sworn motion and can be filed by the respondent or their attorney. If done correctly, the special appearance allows you to contest jurisdiction without waiving any other defenses you might have.
It’s important to note that the burden of proof is on the respondent to show that they are not subject to Texas jurisdiction. If the court rules against you, you can still proceed with the case while preserving your jurisdictional challenge for appeal. Given the complexity and importance of special appearances, seeking legal advice is essential to ensure that your rights are fully protected.