Texas Ex Parte Divorce

Just like any other lawsuit, a court must possess personal jurisdiction over the respondent in a divorce suit. The concept of “personal jurisdiction” is the right of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located. Every state generally has personal jurisdiction over persons within its territory. If the respondent is a Texas domiciliary and service of process is accomplished or the respondent accepts or waives service or otherwise enters an appearance, the court acquires personal jurisdiction. However, an “ex parte divorce” may be granted to a Texas domiciliary, even though the other spouse is a domiciliary of another state and is not amenable to process in Texas. “Ex parte” means a proceeding brought before a court by one party only, without notice to or challenge by the other side. In other words, the person seeking a divorce can file in a Texas District court without serving process or other notice on the person they are seeking a divorce from. Since the court does not have personal jurisdiction over the spouse, the court may only exercise “partial jurisdiction” over certain issues. The Texas District court has the jurisdiction to grant the divorce, but not to determine the managing conservatorship of children (child custody and support issues) or divide property outside the State of Texas. (The Texas District court may also lack jurisdiction to divide property within the state.) (See Dawson-Austin v. Austin, 968 S.W.2d 319 (Tex. 1998).)