Boerne Divorce Lawyers
Our Boerne divorce lawyers at Soyars & Morgan Law are aware that divorcing can be emotionally and financially taxing. To guide you through the difficult divorce process and safeguard your future, you will need the assistance of an experienced Boerne divorce attorney. The difficulties that can develop during the divorce procedure are understood by our staff of divorce attorneys. We work to safeguard your interests and plan ahead for the actions required to make a compelling argument on your behalf.
Divorce Lawyers in Boerne: Personalized Legal Services
Every divorce presents its own particular problems. Whether you are going through a divorce with children or without, money problems will frequently cause concerns that call for specialized legal answers. Our Boerne divorce attorneys at Soyars & Morgan Law take pride in looking outside the box to overcome challenging divorce issues that concern our clients.
Boerne Divorce Attorneys: types of cases
Our skilled divorce attorneys in Boerne handle the following categories of difficult divorce cases:
When going through a contested divorce, the process can be exceptionally challenging and overwhelming. Protect yourself and your private property with the aid of Soyars & Morgan’s skilled divorce attorneys in Boerne. We deal with extremely difficult divorce situations, such as those involving narcissistic spouses or divorces when one spouse is being prosecuted for a crime whilst divorce is ongoing.
High Net Worth Divorce
You will want to take extra precautions if your matrimonial estate or independent property is valuable in order to prevent unwarranted collateral repercussions and safeguard your net worth. To preserve your investments and get the greatest benefits from your divorce, our divorce attorneys in Boerne collaborate with a group of experts including tax lawyers, forensic accountants, etc.
Divorce With Children
You may have to make some hard choices for your child if you are going through a divorce and there are concerns about child custody. You can avoid unpleasant shocks for both you and your household by hiring a knowledgeable and attentive divorce attorney team in Boerne. Let us guide you through the child custody procedure, whether you’re requesting sole custody or joint custody.
Divorce with Business
Owning a closely held professional business or any other form of business can complicate a divorce. The division of these kinds of assets frequently calls for the assistance of additional professionals and knowledgeable divorce attorneys with innovative ideas for how to design a distribution of the Texas marital estate to safeguards the reputation and financial viability of your company.
You might obtain a quick and reasonably priced divorce if you and your spouse are able to agree on the majority of or all points. However, you will still need legal assistance to complete the necessary forms and submit the required documentation to the courts in order to legally transfer the property. Contact our skilled divorce attorneys in Boerne if you’re looking for a straightforward, uncontested divorce to learn more about how we may assist you.
Numerous military families reside in Texas. Due to the need to address retirement benefits and child custody matters at the time of divorce, military divorces can pose difficulties in the divorce process. If either you or your partner is in the military, get in touch with our divorce attorneys in Boerne to see how we may assist you in getting a military divorce at an affordable rate.
Why Choose Soyars & Morgan Law?
- Connect to your legal team directly. Our divorce attorneys in Boerne put forth a significant amount of effort to respond to every client quickly. So you may get the answers you need when you need them, you will always have easy accessibility to our staff of divorce attorneys.
- Lawyers with Integrity. To establish trust with your attorney, be honest and transparent. Each step of the way, you will be kept informed about the status of your case.
- Personalized strategy. No two instances are the same, and our team is aware of this. The goals you and your family have will be taken into account while designing your approach. Your case is handled completely from beginning to end by Soyars & Morgan Law.
You can be confident that Soyars & Morgan Law is thoroughly qualified to handle your case when you hire us. Let our divorce attorneys in Boerne assist you in managing your divorce case.
Get to Know Our Boerne Divorce Attorneys
“There will never be enough adjectives to describe Jodi and her work ethic. I did my research and she kept coming out as one of the top 10. She should be #1! You want someone smart and strong with a great work ethic? This is Jodi Soyars! You’ll want her in your corner.”
“Carla took me under her protective, assertive, kind, and noble wings. I will forever be grateful. AMAZING LITIGATOR. AMAZING TEAM. ORGANIZED. TALENTED. ETHICAL.”
FAQs on Texas Divorce
In Texas, am I able to apply for legal separation? A legal separation is not acknowledged in Texas. You may be unmarried, married, or divorced. Our divorce attorneys in Boerne frequently get inquiries from people enquiring about the possibility of obtaining a “legal separation” from their partner. Texas does not recognize “legal separations,” but several states do. Until the court signs an official decree of divorce confirming the divorce, you will still be considered married in Texas with all the obligations and advantages that marriage implies. Until a definitive divorce decree is issued, any property obtained by either spouse throughout that time of separation will continue to be subject to Texas’ community property laws.
During the divorce process, can I conceal money from my spouse? Standing orders in the majority of Texas counties prohibit and dissuade spouses from taking this action. Before filing for divorce if you are considering it, you should speak with an experienced Kendall County divorce attorney in your area. Before submitting a divorce petition, we advise getting counsel on how to manage your finances. Our Borne County divorce attorneys can ask the court to grant you permission to protect a type of asset whilst divorce is proceeding if you have already filed for divorce and would like to do so.
What occurs if I discover my spouse having an affair? In Texas, adultery is a valid basis for a fault-based divorce. The Court may utilize this fact to support the disproportionate division of the communal estate if your divorce is awarded on the basis of fault.
How can I safeguard my pre-marital assets? Prior to being married, one may own independent property, which is not included in the communal estate. According to the constitution, the court cannot divide up separate property between the divorcing couple. However, a disproportionate allocation of the communal estate may be based on the extent of a spouse’s separate assets. Although the court cannot impact a spouse’s ownership interest in their separate property, this can influence how the community estate is divided and provide justification for an unfair division. It is the responsibility of the spouse asserting the asset as separate property to prove it was either (1) obtained prior to marriage, (2) acquired as a gift, or (3) inherited.
Does Texas allow for military divorces? You may be eligible to apply for divorce in Texas if you or your spouse is a member of the U.S. armed forces or other Texas or American government service:
- SPOUSE OR TEXAS RESIDENT SERVING FROM OUT OF STATE/COUNTY. When you or your spouse is in the armed forces or other organizations of the United States or Texas, time spent by a Texas resident outside of the state or county of residence is counted as time being spent in Texas and within the county of residence.
- SERVING IN TEXAS WHILE NOT A TEXAS RESIDENT. If you or your spouse is a member of the armed forces of the United States and has been stationed (1) at one or more military bases in Texas for the previous six months and (2) at a military base in a Texas county for the previous ninety days, you are regarded as a Texas domicile and a resident of that county for the purposes of bringing a divorce action.
In Texas, can a non-citizen apply for divorce? Correct, a non-citizen who intends to establish a residence in Texas as a resident and has been residing there for the previous six months can be regarded as a Texas resident for the purpose of initiating or maintaining a divorce suit. Texas does not require U.S. citizenship in order to issue a divorce. However, if your spouse doesn’t have enough minimal connections with Texas for Texas to still have authority over your spouse, your right to petition for divorce in Texas may be restricted.
Do I have to serve my spouse with the divorce papers? In Texas, unless the opposite party waives service of process, you must have someone else formally deliver your spouse with the divorce petition. Only after the divorce lawsuit has been filed may the spouse waive service of process. Unless the individual signing the waiver is imprisoned, the waiver must be notarized. It is usually a wonderful thing if you and your husband are working together to get a divorce, but it is better if you use a Boerne divorce attorney to ensure that the documentation is completed correctly. Uncontested divorces can frequently be hastened by hiring a lawyer to prepare the necessary documents, removing any obstacles and delays in the process.
Can I get a common-law divorce or an informal divorce? Although common law marriage allows for the informal union of couples, divorce cannot be accomplished in this way. A court decree granting the divorce must be obtained in Texas before the divorce can take place. Texas does not recognize common law or informal divorce.
Does Texas allow for no-fault divorces? Yes, no-fault divorces are legal in Texas. No-fault divorce is not permitted in all states. For an union that was formed inside a sister state which does not accept no-fault divorces, a Texas court may award a no-fault divorce. However, for Texas to have power to award a no-fault divorce, the parties must also fulfill the other requirements to file for divorce in Texas.
What distinguishes an at-fault divorce from a no-fault divorce? A no-fault divorce enables the parties to separate without having to show that one of them was at fault for the union’s dissolution. In Texas, a no-fault divorce may be granted for the following reasons: (1) insupportability; (2) at least three years of living apart without cohabitation; or (3) at least three years of mental hospitalization. With a no-fault divorce, the spouses can avoid disclosing obscene and unpleasant facts about the other spouse’s behavior in order to get a divorce.
Texas also allows for divorces based on fault, which means a spouse is to blame for the marriage’s dissolution. Cruelty, adultery, a felony conviction, or abandonment are recognized as fault reasons in Texas. If proven, fault grounds can be utilized to gain a greater proportion of the communal estate and are taken into consideration by Texas courts when deciding how much, for how long, and how spousal maintenance should be paid.
Can I get a divorce in Texas? If all of the following conditions is satisfied, a Texas court has the power to grant a divorce:
- A single spouse resides in Texas.
- A non-resident is within the personal jurisdiction of the Court.
- The right county receives the divorce filing.
- Subject-matter jurisdiction exists in court.
What should I do if my partner in Texas filed for divorce against my will or incorrectly? You must submit a Special Plea in Abatement if you believe a divorce case against you in Texas was improperly filed (not a motion to transfer). If you don’t do this correctly, you might “avail yourself” of the jurisdiction of the Texas Court and be forced to fight a divorce there even though you have little to no actual interaction with Texas. To avoid being forced to fight a divorce in Texas in this situation, it is best to hire an experienced Boerne divorce attorney.
In which county in Texas may I file for a divorce? A spouse must have lived in a Texas county for a minimum of 90 days before filing for divorce there, according to Texas law. An individual has to be present physically and reside in a county for it to be considered their home. A spouse is allowed to dwell in more than one county. The continuity of a permanent residency will not be interrupted by brief absences from the county. The dwelling must be a fixed place of abode in the party’s possession, occupied or intended to be occupied regularly over a significant period of time, and permanent rather than temporary in order for the party to establish a residence in a second county.
The court where the divorce was initially filed will have reigning jurisdiction when it is possible to lawfully petition for divorce in more than one county. This advantage is frequently referred to as “first to file.” Do not wait to file if you are considering divorce and there are other suitable counties that are eligible to hear the divorce; otherwise, you can find yourself defending a divorce action in an uncomfortable location or county.
In my divorce case, does Texas have personal jurisdiction over my spouse?
If my spouse resides outside Texas, am I still eligible for a divorce?
Potentially. Texas needs personal jurisdiction over the spouse, which means that before Texas may impose a legally binding court injunction over your spouse, your spouse must have had a certain amount of contact with Texas. If your husband doesn’t have any ties to Texas, you cannot obtain a divorce there.
Examples of circumstances that could give Texas jurisdiction over a spouse who doesn't reside in the state include:
- In Texas, your spouse has been duly served with legal documents.
- Your spouse consents to the divorce proceedings in Texas and waives service of process.
- Your spouse appears without any object to Texas’ authority.
- According to the Texas and Federal constitutions, your spouse has had the bare minimum of interactions with Texas, which is sufficient to satisfy the fair-play standards of due process.
Examples of adequate minimal contacts are as follows:
- When the divorce lawsuit was filed, the other spouse had Texas as their place of residence.
- The ultimate marital residence was in Texas.
- Within two years of the cessation of the marital home, the divorce action is filed.
- If the couple planned to keep their marriage in Texas despite relocating to a different state.
- A spouse from outside Texas took part in house hunting and buying in Texas..
- While residing in a Texas apartment, the non-resident spouse gave the resident spouse a monthly stipend to cover the cost of the utilities and the mortgage.
- Personal items were maintained in a Texas residence by a non-resident.
- For holidays and wedding anniversaries, the non-resident spouse frequently traveled to Texas. While there, they had “intimate” encounters with their spouse.
Insufficient Minimum Contacts examples include:
When one spouse relocates to Texas while the other spouse does not, the court examines whether the non-relocating spouse has taken advantage of the opportunity to conduct business in Texas and has utilized the advantages and safeguards of Texas law. Due to the non-action resident’s conduct, there must be a significant relationship between the non-resident and Texas. In spite of the non-resident spouse’s objections, one spouse cannot independently establish the contacts with Texas as well as the non-resident spouse essential for personal jurisdiction.
Here are some instances where Texas courts determined that the minimal contacts were not sufficient:
- The simple act of choosing Texas as your place of residence while you were in the military did not establish jurisdiction.
- The acquisition of land and a move to Texas unilaterally did not establish jurisdiction.
- Corporate tasks carried out while managing a Texas-based corporation while working abroad did not support the exercise of jurisdiction over the non-resident spouse.
- Attending a trade show in Texas nine to ten years earlier did not establish authority.
Connection Between Fair Play and Substantial Justice
If Texas determines that there are enough minimal connections, it may nonetheless choose not to exercise its jurisdiction if doing so would violate the principles of fair play and substantial justice. The court takes into account the following factors: (1) the burden on the respondent, (2) Texas’ interest in deciding the case, (3) the petitioner’s interest in getting quick relief, (4) the interstate judicial system’s interest in getting disputes resolved as quickly as possible, and (5) the common interest of all the states in advancing basic substantive social policies. The distance between Texas and the respondent is typically insufficient to demonstrate burden, courts in San Antonio and Central Texas have determined, given contemporary transportation and communication.
Contact Our Boerne Divorce Attorneys Now
If you’re prepared to move forward, get in touch with our divorce attorneys in Boerne to arrange a private consultation. The attorneys at Soyars & Morgan Law will fully investigate your situation, go through your worries, and respond to any urgent inquiries you may have regarding the divorce procedure.
Our offices are perfectly situated in the heart of San Antonio for face-to-face encounters. Do you prefer to speak with us virtually? We would be pleased to “meet” with you over the phone or via videoconference.