Author: kurtyan

Filing a special appearance in a Texas divorce case is a precise process that must be handled correctly to challenge the court’s jurisdiction. The special appearance must be the first pleading you file—before any other motions, such as a motion to transfer venue or an answer to the divorce petition. It must be made through […]

Forum non conveniens is a doctrine that allows Texas courts to decline jurisdiction over a case if another forum would be more convenient for the parties and witnesses. Even if a Texas court could legally exercise jurisdiction, it might dismiss the case if trying it in Texas would be unduly burdensome or inconvenient. When considering […]

A special appearance is a legal tool used in Texas to challenge the court’s jurisdiction over a respondent in a divorce case. When you file a special appearance, you are essentially arguing that the Texas court does not have personal jurisdiction over you because you do not have sufficient contacts with the state. To be […]

When responding to a divorce action in Texas, it’s crucial to carefully consider jurisdictional matters. Jurisdiction determines whether the court has the legal authority to hear your case, and failing to address jurisdictional issues properly could result in the court ruling against you. If you believe the Texas court doesn’t have jurisdiction over you, a […]

A Texas divorce case can be dismissed for want of prosecution if the parties fail to move the case forward or comply with court timelines. This dismissal can occur under Texas Rule of Civil Procedure 165a if there is a failure to appear at hearings or if the case does not comply with the time […]

A notice of nonsuit allows a petitioner in a Texas divorce case to voluntarily dismiss their case at any point before they have finished presenting their evidence, excluding rebuttal evidence. Under Texas Rule of Civil Procedure 162, filing a nonsuit effectively makes the case moot, meaning the court no longer has the authority to rule […]

Special exceptions are a procedural tool used in Texas divorce cases to address deficiencies or unclear aspects of the opposing party’s pleadings. Under Texas Rule of Civil Procedure 91, either party can file special exceptions to point out specific defects, omissions, or generalities in the other party’s pleadings. The purpose of these exceptions is to […]

When filing for divorce in Texas, it’s mandatory to include a statement regarding any protective orders that may be in effect or pending. According to Texas Family Code § 6.405, the divorce petition must clearly state whether there is an active protective order related to a party or child involved in the suit. This includes […]

In Texas, the pleading requirements for a divorce case are designed to be straightforward and avoid unnecessary complexity. According to Texas Family Code § 6.402, a petition in a divorce suit doesn’t need to detail the underlying evidentiary facts if the grounds for divorce are stated in the language of the statute. This means that […]

In Texas, a court reporter is not automatically provided during hearings held by an associate judge, except in certain circumstances. According to Texas Family Code § 201.009, a court reporter is required during a jury trial or a contested final termination hearing presided over by an associate judge. However, for other types of hearings, a […]