In a Texas divorce case, when filing a plea in abatement, simply submitting a verified plea or affidavit is not enough to support your claim. You must present actual evidence to the court to substantiate the plea. This evidence might include documents, witness testimony, or other relevant materials that demonstrate why the case should be abated.
It’s important to present this evidence no later than the commencement of the trial. If you fail to do so, the plea in abatement may be considered waived, and the case will proceed in the current court. This makes it essential to gather and present all necessary evidence in a timely and effective manner.
Properly presenting evidence is key to persuading the court to grant the plea in abatement, ensuring that the case is heard in the correct jurisdiction or dismissed if appropriate.