Filing a special appearance in a Texas divorce case is a precise process that must be handled correctly to challenge the court’s jurisdiction. The special appearance must be the first pleading you file—before any other motions, such as a motion to transfer venue or an answer to the divorce petition. It must be made through a sworn motion, meaning it should be verified or supported by an affidavit.
The purpose of the special appearance is to argue that the court does not have personal jurisdiction over you because you lack sufficient contacts with Texas. The motion should specifically assert that jurisdiction would violate traditional notions of fair play and substantial justice, and it should refute any claims made by the petitioner regarding your ties to Texas.
Once filed, the court will hold a hearing to determine whether it has jurisdiction. During this hearing, the court will consider pleadings, affidavits, and any other evidence presented. If the special appearance is overruled, you can proceed with the case while still preserving your jurisdictional objection for appeal.
Given the strict requirements and significant consequences of a special appearance, it’s essential to have legal representation to guide you through the process and ensure that your rights are protected.