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, any contact that the nonresident spouse has with Texas that meets the criteria of the Texas and U.S. constitutions can establish personal jurisdiction.
If personal jurisdiction is not established, the court may only dissolve the marriage without addressing other issues like property division or spousal support. This distinction is vital for those seeking comprehensive legal resolutions in a divorce involving a nonresident spouse. To avoid complications, it’s essential that the divorce petition includes sufficient facts to establish personal jurisdiction, ensuring that the Texas court has the authority to rule on all matters at hand.