In Texas divorce cases, a plea in abatement can be filed on specific grounds that justify suspending or dismissing the case. The two primary grounds are:
- Lack of Residency or Domicile Requirements: If neither the petitioner nor the respondent has met the residency and domicile requirements as mandated by Texas law, a plea in abatement can be filed to challenge the court’s jurisdiction.
- Prior Pending Suit: If there is already a divorce case involving the same parties and similar issues pending in another court, a plea in abatement can be filed to assert that the court where the first suit was filed has dominant jurisdiction. This prevents multiple courts from handling the same issues and ensures that the case proceeds in the appropriate forum.
Filing a plea in abatement on these grounds helps maintain the integrity of the legal process and ensures that the divorce is handled in a court that has proper jurisdiction.