Form 3-15

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Respondent’s Plea in Abatement

Respondent, [name of respondent], files this plea in abatement. [Include the following if this is respondent’s initial pleading: [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]]

1.Prior Suit/Residence Requirement

1.A.Prior Suit

Respondent filed a divorce action against Petitioner, [name], on [date], and that action is pending. That action is Cause No. [number] in the [specify] Court of [county] County, [state]. The issues and parties in the case filed by Respondent are the same as those in this action.

1.B.Residence Requirement

Neither Petitioner nor Respondent has met the dual requirements of being a domiciliary of Texas for six months next preceding the filing of this suit and a resident of this county for ninety days next preceding the filing of this suit.

Respondent prays this Plea in Abatement be sustained and this case be abated on the Court’s docket until the [prior filed suit has been determined/res­idency requirements have been met/prior filed suit has been determined and the residency requirements have been met].

2.Marital-Property Agreement

The parties entered into a marital-property agreement entitled [name of agreement] (the “agreement”). The agreement defines the parties’ rights to all their property. Respondent asks the Court to enforce the agreement and con­firm the parties’ respective separate property as provided in the agreement.

Respondent asks the Court to order the parties to appoint an arbitrator, who will serve as a special master in this suit and make a binding and conclu­sive award regarding the issues affected by the parties’ agreement. The parties in their agreement agreed to submit to binding arbitration any dispute or con­troversy regarding the validity, interpretation, or enforceability of the agree­ment, as well as all issues involving its enforcement in connection with a dissolution proceeding between the parties. The parties expressly waived any right to trial by a court or by trial by a jury. On the filing in Texas of a proceed­ing to dissolve their marriage, the parties agreed to have the arbitrator appointed under the agreement designated as a special master under the Texas Rules of Civil Procedure. The parties agreed to jointly apply to the Court for any orders necessary to vest the arbitrator with all powers and authority of a special master under the rules. The agreement contains specific requirements for the arbitrator. Respondent asks the Court to enforce the agreement and all its provisions.

Respondent asks the Court to abate any action the Court may take in this suit other than orders—

a.compelling the parties to appoint an arbitrator;

b.designating the arbitrator as a special master;

c.vesting the arbitrator with all powers and authority of a special master; and

d.appointing a qualified arbitrator pursuant to section 171.041 of the Texas Civil Practice and Remedies Code if the parties cannot appoint an arbitrator using the method in the agree­ment.

Respondent prays that this Plea in Abatement be sustained.

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I am Respondent in the foregoing Plea in Abate­ment. I have personal knowledge of the allegations and facts stated in it, and they are true and correct.”

   
[Name of respondent]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for Respondent