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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32306
Experience:  Began practicing law in 1992
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Anne Hurt. Issue: Does a district court have jurisdiction if

Customer Question

Customer: ***** ***** Anne Hurt. Issue: Does a district court have jurisdiction if the Original Petition for divorce was filed when one of the parties was not a e resident or Domiciled in Texas prior to filing?
JA: Thanks. Can you give me any more details about your issue?
Customer: One of the parties is a combat veteran who was stationed in Afghanistan seven months prior to a Petition being filed.
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Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
Can a Party unwillingly give up their jurisdiction by going to a hearing if the petition could never be maintained by the court due to residency and domicile restrictions pursuant to Family Code 6.301?
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Does a district court have jurisdiction if the Original Petition for divorce was filed when one of the parties was not a e resident or Domiciled in Texas prior to filing?

Yes. Jurisdiction in a divorce proceeding in Texas can be based on the residence of just one party. That is based on an interstate compact between the states.

Can a Party unwillingly give up their jurisdiction by going to a hearing if the petition could never be maintained by the court due to residency and domicile restrictions pursuant to Family Code 6.301?

Yes. There are two types of jurisdiction, personal and subject matter. An appearance can waive any objection to personal jurisdiction.

Customer: replied 11 months ago.
Can the court assume jurisdiction when the petition can not be maintained due to the party not being domiciled or a residence of that particular county? If the court never perfects its personal jurisdiction does it ever obtain subject matter jurisdiction?
Expert:  Dwayne B. replied 11 months ago.

A court can have subject matter jurisdiction and not personal jurisdiction. It must have both or else the personal jurisdiction must be waived. You can't waive subject matter jurisdiction.

In a divorce case if neither party is domiciled in the county then the court wouldn't have personal jurisdiction but if neither files the proper objections then that argument is waived and they party is said to have "submitted to the jurisdiction of the court" just as if they had appeared at a hearing.

Expert:  Dwayne B. replied 11 months ago.

Every family law court in Texas would have subject matter jurisdiction over a divorce in Texas.