Long-arm jurisdiction is a crucial concept in Texas divorce cases, especially when one spouse resides out of state. In essence, long-arm jurisdiction allows a Texas court to exercise authority over a nonresident spouse under certain conditions. According to the Texas Family Code § 6.305, a Texas court may have jurisdiction over a nonresident spouse if Texas was the last marital residence, provided the divorce is filed within two years of the end of that residence. Additionally, any other basis consistent with state and federal constitutions can confer this jurisdiction.
This concept is particularly important because while a Texas court can dissolve a marriage without personal jurisdiction over both parties, it cannot render orders related to spousal support or property division without it. This makes understanding and properly pleading long-arm jurisdiction critical for ensuring all aspects of the divorce are handled within the Texas courts. For those involved in interstate divorces, securing long-arm jurisdiction can be a pivotal step in the legal process.