Category: Advice

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

“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 […]

The Texas long-arm statute plays a significant role in determining whether a Texas court can exercise jurisdiction over a nonresident spouse in a divorce case. Under this statute, if Texas was the last marital residence of the spouses, or if there is any other constitutional basis for doing so, the court may exercise personal jurisdiction […]