Can Service of Citation Be Amended in a Texas Divorce Case?

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 will not harm the substantial rights of the defendant.

This flexibility is particularly important in divorce cases, where strict compliance with service rules is essential. If an error is discovered—such as incorrect information on the return of service or failure to comply with statutory requirements—the plaintiff can request the court to amend the service to reflect the correct details. However, this must be done in a way that does not disadvantage the defendant, ensuring that their rights to proper notice and fair proceedings are maintained.

Amending the service of citation is a powerful tool to rectify mistakes and ensure that the divorce case proceeds smoothly. However, it requires careful legal handling to ensure that the amendment is valid and does not open the door to future challenges.