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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 […]

Citation in a Texas divorce case follows the same rules as in general civil cases, governed by the Texas Family Code § 6.408 and the Texas Rules of Civil Procedure 99–124. Citation is the legal process of notifying the other party that a legal action has been filed against them, and it must be done […]

In Texas, the caption of a divorce suit is a specific format that must be followed to ensure the legal documents are properly recognized by the court. According to the Texas Family Code § 6.401(a), the suit should be styled as “In the Matter of the Marriage of [Spouse 1] and [Spouse 2].” This styling […]

In Texas, the caption of a divorce suit is a specific format that must be followed to ensure the legal documents are properly recognized by the court. According to the Texas Family Code § 6.401(a), the suit should be styled as “In the Matter of the Marriage of [Spouse 1] and [Spouse 2].” This styling […]

Federal law does provide specific exceptions to the automatic stay rule in bankruptcy cases, which can be particularly relevant in family law matters. These exceptions allow certain aspects of a divorce case to proceed even if one spouse has filed for bankruptcy. For example, actions related to the establishment or modification of child support, the […]

Filing for bankruptcy can have a significant impact on divorce proceedings in Texas, particularly when it comes to dividing marital assets. When a spouse files for bankruptcy, an automatic stay goes into effect, which halts the continuation of any judicial proceedings, including divorce cases. This stay is especially relevant if the divorce proceedings involve dividing […]

The death of a spouse during divorce proceedings can significantly affect the case, often leading to the dismissal of the entire action. In Texas, if one spouse dies before the divorce is finalized, the divorce suit, including any incidental issues like property division and child custody, is typically abated. This means the court no longer […]

Jurisdiction is a fundamental aspect of any divorce case in Texas, and it can make or break the validity of a divorce decree. Two main types of jurisdiction are essential to consider: Understanding jurisdictional issues is critical because they directly impact the enforceability of any court orders, including those related to property division, child custody, […]

When filing for divorce in Texas, it’s important to understand that a divorce suit can be much more than just the dissolution of a marriage. In fact, a divorce suit in Texas can potentially include up to five different legal actions: It’s crucial to note that the first three actions—the divorce itself, the division of […]