What Defenses Can Be Used Against a Plea in Abatement?

In Texas divorce cases, there are specific defenses that can be used to challenge a plea in abatement. These defenses include:

1. Fraud and Deceit: If the party asserting the plea in abatement engaged in fraudulent or deceitful conduct, they may be estopped (prevented) from claiming that the first court has dominant jurisdiction.
2. Bad Faith: If the plea in abatement is filed in bad faith, such as to delay proceedings unfairly, this can be used as a defense against the plea.
3. Lack of Dominant Jurisdiction: If the first court did not have proper jurisdiction under Texas Family Code § 6.301 when the first suit was filed, the second court may actually have dominant jurisdiction, negating the plea in abatement.

These defenses can be critical in preventing the abatement of a case, especially if the plea is based on questionable grounds. Properly asserting these defenses requires careful legal analysis and strategy.