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 […]
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What Should Be Included in the Protective Order Statement in a Texas Divorce Petition?
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 […]
What Are the General Pleading Requirements in a Texas Divorce Case?
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 […]
Can You Have a Court Reporter Present During a Hearing Before an Associate Judge?
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 […]
What Happens If You Don’t Request a De Novo Hearing After an Associate Judge’s Ruling?
If you do not request a de novo hearing within the specified time frame after an associate judge’s ruling, that ruling can become the final order of the court once the referring judge signs it. According to Texas Family Code § 201.013, failing to timely file for a de novo hearing means that the associate […]
How Does Judicial Immunity Apply to Associate Judges in Texas?
In Texas, associate judges appointed under Family Code chapter 201, subchapter A, are granted the same judicial immunity as district judges. This means that they are protected from lawsuits arising from their official actions while presiding over family law cases, including divorce and custody matters. Judicial immunity is important because it allows judges to perform […]
What Is a De Novo Hearing in a Texas Divorce Case?
A de novo hearing is a legal process in Texas that allows a party to request a new hearing before the main judge after an associate judge has made a ruling. According to Texas Family Code § 201.015, a request for a de novo hearing must be filed within three working days of receiving notice […]
What Role Does an Associate Judge Play in a Texas Divorce Case?
In Texas, an associate judge may be appointed by the court to handle specific aspects of a divorce case. Under Texas Family Code § 201.001, an associate judge can be assigned to perform duties such as conducting hearings, managing procedural matters, and making recommendations to the referring court. This is often the case in counties […]
Can You Request a Jury Trial in a Texas Divorce Case?
Yes, either party in a Texas divorce case has the right to request a jury trial. According to Texas Family Code § 6.703, a jury trial can be demanded, but it must be done in writing and the jury fee must be paid on time. While a jury’s findings are binding on certain aspects of […]
What Are the Implications of General vs. Specific Jurisdiction in Texas Divorce Cases?
In Texas divorce cases, the distinction between general and specific jurisdiction can influence the court’s authority over a nonresident spouse. General jurisdiction applies when the nonresident spouse has continuous and systematic contacts with Texas, allowing the court to adjudicate any matters, regardless of where the cause of action arose. Specific jurisdiction, on the other hand, […]