Legal Question in Family Law in Texas
Filing for Divorce in Wrong County
If a divorce is filed in the wrong county and somehow the divorce goes through, will the divorce be considered null and void if it is proven at a later date that the divorce was granted out of county? Also the respondent has a certain amount of days to respond to the court clerk where the divorce is filed, if the respondent meets with the petitioner and their lawyer prior to the time limit does the respondent still have to file a written statement with the court clerk?
1 Answer from Attorneys
Re: Filing for Divorce in Wrong County
First, the wrong county is a venue question, and does not void an otherwise valid decree.
A meeting alone does not subject the person to the jurisdiction of the court, and does not satisfy the issue of filing an answer. In my opinion, it is a question of ethics, whether to take a default under those circumstances.