Category: Advice

For a Texas court to issue binding orders against a nonresident spouse in a divorce case, it must have personal jurisdiction over that spouse. Personal jurisdiction can be established if Texas was the last marital residence of the spouses, and the divorce suit is filed within two years of the end of that residence. Alternatively, […]

Long-arm jurisdiction is a crucial concept in Texas divorce cases, especially when one spouse resides out of state. In essence, long-arm jurisdiction allows a Texas court to exercise authority over a nonresident spouse under certain conditions. According to the Texas Family Code § 6.305, a Texas court may have jurisdiction over a nonresident spouse if […]

In Texas, a party involved in a divorce can waive the service of citation by filing a waiver with the court. This waiver must acknowledge receipt of the divorce petition and must contain the party’s mailing address. It must also be signed before a notary public who is not involved in the suit, except in […]

Citation by publication is a method of serving legal documents in a Texas divorce case when the whereabouts of a party are unknown, and traditional service methods have failed. This method is considered a last resort and is only appropriate after a diligent effort to locate the missing party has been made without success. Under […]

In situations where personal service of citation is not possible, Texas law allows for substituted service under specific circumstances. Substituted service is an alternative method of delivering legal documents when traditional methods, such as personal delivery or certified mail, have been unsuccessful. This process is governed by Texas Rule of Civil Procedure 106(b). To obtain […]

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 […]

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 […]