Section 42.009 – Frivolous Suit

May 14, 2021 | Family Law, Texas

A person sued for damages as provided by this chapter is entitled to recover attorney’s fees and court costs if:

(1) the claim for damages is dismissed or judgment is awarded to the defendant; and
(2) the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.

Tex. Fam. Code ยง 42.009

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.