In Texas, strict compliance with the rules of service of citation is mandatory, especially in divorce cases. If there is any deviation from these rules, it can result in the court lacking personal jurisdiction over the defendant, rendering any default judgment void. This means that if a mistake is made in serving citation—such as not properly notifying the defendant or failing to follow the correct procedures—the judgment can be overturned upon appeal or direct attack.
For example, if the return of service does not include the required information, such as the date and time of service or the correct description of what was served, the service may be deemed invalid. This can have significant consequences, as it could invalidate any orders or judgments made by the court in the divorce case.
To avoid these issues, it is essential to carefully review the return of service to ensure it meets all legal requirements under Texas Rules of Civil Procedure 107. If there is any doubt or error, corrective action should be taken immediately, such as amending the return of service to reflect the true facts of service. Ensuring proper service is a fundamental step in any divorce case to safeguard the validity of the court’s rulings.