Can You Appeal the Denial of a Special Appearance in a Texas Divorce Case?

In Texas, if a court denies your special appearance in a divorce case, the ruling is generally interlocutory and not immediately appealable. This means that you cannot appeal the decision right away; instead, you may continue to participate in the case while preserving your objection to jurisdiction for appeal after the final judgment.

However, there is an exception in family law cases. If your special appearance is denied, you can seek relief through a writ of mandamus, a special type of court order that requests a higher court to review the lower court’s decision. Mandamus relief is not guaranteed and is typically only granted in cases where there is no adequate remedy through ordinary appeals.

Understanding your options after a special appearance is denied is crucial, especially in cases involving complex jurisdictional issues. Consulting with an attorney who can advise you on the best course of action, including whether to pursue mandamus relief, can help ensure that your jurisdictional challenge is effectively preserved and addressed.