Does filing a counter-petition waive service of process issues in Texas divorce?

Q: Does filing a counter-petition waive service of process issues in Texas divorce?

In Re Aaron Nicholas Thomas: Making a general appearance in a case waives your right to challenge service of process later, and requests for disability accommodations must be backed by specific medical evidence that directly links a condition to an inability to attend court in person. | In the Interest of I.N.A.M., a Child: Your presence at trial is mandatory to protect your rights; failing to show up—even if you have a pending jury request—allows the judge to immediately rule against you based solely on the evidence provided by the other side.

This question has been addressed in 2 Texas court opinions:

In Re Aaron Nicholas Thomas

COA09 — February 5, 2026

The Relator sought a writ of mandamus to vacate a default judgment in a suit to modify the parent-child relationship (SAPCR), claiming the trial court abused its discretion by denying his request to participate via Zoom as a disability accommodation and by entering judgment without proper service. The Ninth Court of Appeals denied the petition, finding that the Relator’s own medical evidence—which stated he could sit and work for eight hours—contradicted his claim that he could not attend court in person. Furthermore, the court determined that the Relator had made a general appearance, which waived any defects in service under Rule 124, and that a standard appeal provided an adequate legal remedy to challenge the final judgment.

Litigation Takeaway

“Making a general appearance in a case waives your right to challenge service of process later, and requests for disability accommodations must be backed by specific medical evidence that directly links a condition to an inability to attend court in person.”

In the Interest of I.N.A.M., a Child

COA08 — January 28, 2026

In this custody case, a Mother lost her right to a jury trial after failing to appear in court on her scheduled trial date. Despite having previously requested a jury, her absence allowed the trial court to dismiss the jury panel and proceed with a bench hearing. Based on the Father's testimony and the Mother's history of non-compliance with court orders, the trial court named the Father sole managing conservator and restricted the Mother to supervised visitation. The Court of Appeals affirmed the decision, ruling that under Texas Rule of Civil Procedure 220, failing to appear for trial constitutes a waiver of the right to a jury, and the Father's unopposed evidence was sufficient to support the court's 'best interest' determination.

Litigation Takeaway

“Your presence at trial is mandatory to protect your rights; failing to show up—even if you have a pending jury request—allows the judge to immediately rule against you based solely on the evidence provided by the other side.”