law-personal-jurisdiction-divorce

DIVORCE AND PERSONAL JURISDICTION OVER HUSBAND / WIFE /
NONRESIDENT SPOUSE

A Texas court may exercise personal jurisdiction over a non-resident respondent in a divorce suit "if there
is any basis consistent with the constitutions of this state and the United States for the exercise of the
personal jurisdiction."  Tex. Fam. Code Ann. § 6.305(a)(2) (Vernon 2006).  Thus, a judgment is void for
lack of personal jurisdiction if it is rendered contrary to a constitutional or valid statutory prohibition.  
Mapco, Inc. v. Forrest, 795 S.W.2d 700, 703 (Tex.1990)(orig. proceeding) (per curiam); see also
Alfonso
v. Skadden, 251 S.W.3d 52, 55 (Tex. 2008) (per curiam) (“The presumption supporting judgments does
not apply when the record affirmatively reveals a jurisdictional defect . . . ."), cert. denied, 129 S. Ct. 402,
172 L. Ed. 2d 286 (2008).  By filing a special appearance, a non-resident assumes the burden to negate
all bases of personal jurisdiction alleged.  Am. Type Culture  Collection, Inc. v. Coleman, 83 S.W.3d 801,
807 (Tex. 2002);  Kawasaki Steel Corp. v. Middleton, 699 S.W.2d 199, 203 (Tex. 1985) (per curiam).
Church v. Quick (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(Guzman)(restricted appeal, a nonresident
spouse)(Because the trial court lacked personal jurisdiction over the nonresident spouse, the court of
appeals modifies the judgment to eliminate all relief other than the divorce and affirms the judgment as
modified.)
AFFIRMED AS MODIFIED: Opinion by
Justice Guzman    
Before Justices Anderson, Guzman and Boyce)
14-08-00131-CV Joyce Gail Church v. Kenneth Richard Quick  
Appeal from 246th District Court of Harris County
Trial Court
Judge: Jim York  





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