Blog

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 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, […]

What Happens If a Texas Court Lacks Personal Jurisdiction Over a Nonresident Spouse?

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 […]

How Does Federal Due Process Influence Personal Jurisdiction in a Texas Divorce?

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 […]

What Are “Minimum Contacts” in the Context of Texas Divorce Jurisdiction?

“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 […]