Affirmative defenses in a Texas divorce case go beyond simply denying the petitioner’s claims. Instead, they provide independent reasons why the petitioner should not succeed in their case. Affirmative defenses must be specifically pleaded in the respondent’s answer and can include a variety of legal arguments such as:
- Estoppel: Preventing the petitioner from asserting certain claims due to their previous actions.
- Fraud: Arguing that the petitioner’s claims are based on fraudulent behavior.
- Laches: Asserting that the petitioner waited too long to bring their claims, causing prejudice to the respondent.
- Statute of Limitations: Arguing that the petitioner’s claims are barred because they were filed after the legal time limit expired.
Successfully asserting affirmative defenses requires a thorough understanding of the law and careful drafting of the pleadings. If these defenses are not properly raised, they may be waived, limiting the respondent’s ability to contest the divorce claims effectively.