The general rule is that if a party does not object to jurisdiction in his or her first pleading, then objections to jurisdiction are waived. But how about a divorce based on publication? In Velasco v. Ayala, No. 01-07-01053-CV (Tex. App. - Houston [1st Dist.] Nov. 19, 2009), the trial court appointed an attorney ad litem to represent the absent spouse. The attorney ad litem did not object to jurisdiction; if this case had not been subject to the Hague Service Convention, then the divorce could not have been set aside for lack of jurisdiction.

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: jurisdiction, Hague Convention, default