courts

December 3, 2012 by Aaron Tress

When multiple courts may have jurisdiction over my divorce

A: The first to file acquired jurisdiction.

“The general common law rule in Texas is that the court in which suit is first filed acquires dominant jurisdiction to the exclusion of other coordinate courts.” Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex. 1974).
McAlister v. McAlister, 75 S.W.3d 481 (Tex. App.—San Antonio 2002, pet. denied) (applying the Curtis rule to a divorce case).

A: At least one of the spouses must be a resident of the county for 90 days preceding the filing.

A: At least one of the spouses must be a domiciliary of Texas for 6 months preceding the filing.

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