In a Texas divorce case, if a party who originally filed a suit in one county files a counterpetition in another court, they may be estopped from asserting that the first court has dominant jurisdiction. This means that by seeking affirmative relief in the second court, the party may lose the right to argue that the case should be heard in the first court.
This principle underscores the importance of strategic decision-making when dealing with multiple court filings in a divorce case. Filing a counterpetition in a different court can inadvertently affect jurisdictional arguments and may lead to the case being heard in a less favorable forum.
If you’re considering filing a counterpetition in a divorce case that involves jurisdictional issues, it’s essential to consult with an attorney to understand the potential consequences and ensure that your legal strategy aligns with your goals.