Author: kurtyan

If a Texas court lacks personal jurisdiction over a nonresident spouse, its authority is significantly limited. While the court may still grant a divorce, it cannot issue binding orders regarding property division, spousal support, or other personal judgments against the nonresident spouse. This limitation can have profound implications for the outcome of the divorce, especially […]

Federal due process is a key consideration when a Texas court seeks to exercise personal jurisdiction over a nonresident spouse in a divorce case. Under federal law, for a court to assert jurisdiction, the nonresident must have established “minimum contacts” with the state, and the exercise of jurisdiction must align with traditional notions of fair […]

“Minimum contacts” refer to the necessary connection a nonresident spouse must have with Texas for the state’s courts to exercise personal jurisdiction over them in a divorce case. The concept ensures that a person isn’t subject to the jurisdiction of a state court without having meaningful ties to that state. For Texas courts to assert […]

The Texas long-arm statute plays a significant role in determining whether a Texas court can exercise jurisdiction over a nonresident spouse in a divorce case. Under this statute, if Texas was the last marital residence of the spouses, or if there is any other constitutional basis for doing so, the court may exercise personal jurisdiction […]

For a Texas court to issue binding orders against a nonresident spouse in a divorce case, it must have personal jurisdiction over that spouse. Personal jurisdiction can be established if Texas was the last marital residence of the spouses, and the divorce suit is filed within two years of the end of that residence. Alternatively, […]

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 […]

In Texas, a party involved in a divorce can waive the service of citation by filing a waiver with the court. This waiver must acknowledge receipt of the divorce petition and must contain the party’s mailing address. It must also be signed before a notary public who is not involved in the suit, except in […]

Citation by publication is a method of serving legal documents in a Texas divorce case when the whereabouts of a party are unknown, and traditional service methods have failed. This method is considered a last resort and is only appropriate after a diligent effort to locate the missing party has been made without success. Under […]

In situations where personal service of citation is not possible, Texas law allows for substituted service under specific circumstances. Substituted service is an alternative method of delivering legal documents when traditional methods, such as personal delivery or certified mail, have been unsuccessful. This process is governed by Texas Rule of Civil Procedure 106(b). To obtain […]

Yes, in Texas, service of citation can be amended to correct any errors or omissions, but it must be done carefully to avoid material prejudice to the other party. Under Texas Rule of Civil Procedure 118, the court may allow any process or proof of service to be amended if it finds that doing so […]