Comal County Divorce Lawyers
Comal County Divorce Lawyers
Tailored Legal Assistance from Divorce Lawyers in Comal County
Comal County Divorce Lawyers: Types of Cases
In the case of a disputed divorce, the divorce process can become exceptionally intricate and intimidating. Allow Soyars & Morgan’s seasoned divorce lawyers in Comal County to protect your property rights. We deal with highly complex divorce cases, such as high-tension divorces involving a controlling spouse or divorces where one spouse faces criminal accusations during the divorce process.
When possessing a substantial marital or individual estate, it may be prudent to take extra measures to mitigate adverse consequences and preserve your net worth. Our divorce lawyers in Comal County work alongside a group of experts, including tax specialists, forensic accountants, and others, to ensure your assets remain secure and you achieve the most favorable divorce outcome.
Divorce Involving Children
When undergoing a divorce and encountering child custody issues, you may be faced with crucial decisions regarding your children. Engaging a competent and considerate divorce lawyer in Comal County can help you anticipate challenges and avert unexpected surprises for your family. Whether you pursue sole or shared custody, we can guide you through the child custody process.
Divorce Involving Business
Owning a professional or private company can add complexity to your divorce proceedings. Dividing such assets often requires the support of additional experts and experienced divorce lawyers who possess innovative approaches for crafting a division of marital estate in Texas that maintains your business’s stability and future profitability.
If you and your spouse can agree on most or all matters, achieving a smooth and cost-effective divorce is possible. However, you will still need a lawyer’s help to submit the necessary paperwork to the courts and complete the required forms for proper property transfer. If you’re pursuing a straightforward divorce, contact our proficient Comal County divorce lawyers to discuss how we can assist you through an amicable divorce process.
With numerous military families in Texas, issues like child custody and retirement benefits can complicate military divorce proceedings. Reach out to our Comal County divorce lawyers if you or your spouse is a service member, so we can discuss how we can help you secure an affordable military divorce.
Why Choose Soyars & Morgan Law?
- Direct access to our legal team. Our Comal County divorce lawyers strive to provide prompt responses to all clients. You will also have easy access to our team of divorce lawyers, ensuring you receive the answers you need when you need them.
- Openness. Transparency and sincerity are vital in building trust with your lawyer. You will consistently be updated on your case’s progress at every phase.
- Customized strategy. Our team understands that each case is unique. Your plan will be tailored to meet your and your family’s goals. Soyars & Morgan Law manages your case from start to finish.
By engaging Soyars & Morgan Law, you can trust that we possess the necessary expertise to handle your case. Allow our divorce lawyers in Comal County to help you resolve your legal challenges.
Meet Our Comal County Divorce Lawyers
“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.”
Texas Divorce FAQs
Texas does not recognize legal separation. In this state, your marital status can only be single, married, or divorced. Our Comal County divorce lawyers are often asked about obtaining a “legal separation” from a marriage.
While other states may allow “legal separations,” Texas does not. Until a court grants an official divorce decree, you remain married in Texas, with all associated rights and responsibilities. The Texas community property rules continue to apply to assets owned by either spouse during the separation, unless a final divorce decree is established.
In Texas, most counties have standing orders that prohibit and discourage spouses from doing so. It is advisable to consult with an experienced Comal County divorce lawyer before filing for divorce. To manage your financial situation, seek advice before initiating the divorce process. If you have already filed for divorce and wish to protect specific assets, our Comal County divorce lawyers can request court authorization to secure the asset while the divorce proceeds.
In Texas, adultery can be grounds for a fault-based divorce. If your divorce is granted on fault grounds, the court may use this as a rationale for an unequal division of community property.
Is military divorce allowed in Texas?
If you or your spouse serve in the U.S. Military Forces or other United States or Texas services, you may be eligible to file for divorce in Texas under the following conditions:
- RESIDENT OF TEXAS OR SPOUSE SERVING OUT-OF-STATE/COUNTRY. Time spent by a Texas resident outside the state or county of residence while serving in the military forces or other services of the United States or Texas is considered time spent in Texas and the county of residence.
- SERVING IN TEXAS AS A NON-RESIDENT OF TEXAS. If you or your spouse have been stationed (1) at one or more military posts in Texas for the past six months and (2) at a military base in a Texas county for the past ninety days, you are considered a Texas resident.
No, unless the spouse waives service of process, Texas requires that you have someone (other than yourself) personally serve your spouse with the divorce petition. The spouse can only waive service of process after the divorce action has been filed. Unless the individual executing the waiver is incarcerated, it must be notarized. If you and your spouse are cooperating to achieve a divorce, this is generally a positive sign; however, you should still consult a Comal County divorce attorney to ensure that the paperwork is completed correctly. In many cases, uncontested divorces can be expedited by having an attorney create the necessary documentation, eliminating delays and obstacles.
Yes, Texas allows no-fault divorces. Not all states permit no-fault divorces. A Texas court can grant a no-fault divorce for a marriage registered in a sister state that does not allow no-fault divorces. However, to have jurisdiction to award a no-fault divorce, the parties must also fulfill the other requirements for filing a divorce in Texas.
A no-fault divorce enables the parties to seek a divorce without proving that one spouse was to blame for the dissolution of the marriage. In Texas, a no-fault divorce can be granted for (1) insupportability, (2) living apart for at least three years without cohabitation, or (3) confinement in a mental hospital for at least three years. A no-fault divorce allows spouses to obtain a divorce without disclosing unpleasant and offensive details about the other spouse’s behavior.
Additionally, Texas allows divorces based on fault, which means that one spouse was at fault for the dissolution of the marriage. The following fault grounds are recognized in Texas: cruelty, adultery, felony conviction, and abandonment. In Texas, fault grounds, if proven, can be used to secure a larger share of the community estate and to determine the amount, duration, and manner of any spousal maintenance payments.
In a fault-based divorce, the spouse alleging fault must provide evidence to support their claim. This can involve presenting witnesses, documents, or other forms of proof to demonstrate the misconduct of the other spouse. If the court finds that one spouse was at fault for the dissolution of the marriage, this can impact the division of marital assets, as well as any spousal support awarded.
It is important to note that pursuing a fault-based divorce can be more time-consuming, expensive, and emotionally draining compared to a no-fault divorce. The process often involves more litigation and can result in a more adversarial divorce experience. Couples should carefully consider their circumstances and consult with a knowledgeable divorce attorney before deciding which route is best for their situation.
A Texas court may grant a divorce if the following criteria are met:
- One spouse is a Texas resident.
- A non-resident is subject to the court’s personal jurisdiction.
- The divorce petition is filed in the correct county.
- Subject matter jurisdiction is present.
If you believe a divorce action has been incorrectly filed against you in Texas, you must file a Special Plea in Abatement (not a motion to transfer). Failing to do so could result in you “submitting yourself” to the Texas Court’s jurisdiction, forcing you to defend a divorce in Texas despite having minimal (if any) actual ties to the state. In such a situation, it is wise to consult with an experienced Comal County divorce attorney to avoid becoming entangled in a Texas divorce dispute.
When a divorce can be filed in more than one county, the court where it was first filed will have primary jurisdiction. This is often referred to as the “first-to-file” advantage. If you’re considering divorce and multiple counties are suitable for hearing the case, don’t delay in filing. Otherwise, you might end up defending a divorce action in a location or county that is inconvenient for you.
In my divorce case, does Texas have complete authority over my spouse?
Can I get a divorce in Texas if my spouse lives in another state?
Factors that may give Texas jurisdiction over a non-resident spouse include:
- Your spouse is served with legal papers while in Texas.
- Your spouse waives the service of process and agrees to the Texas divorce proceeding.
- Your spouse appears in court and does not challenge Texas’s jurisdiction.
- Your spouse has minimal contacts with Texas, meeting the requirements for fair play and due process under Texas and federal constitutions.
Examples of sufficient minimum contacts include:
- The spouse maintained a Texas residence when the divorce action was initiated.
- Texas was the last shared marital home.
- The divorce action is filed within two years of the marital home’s termination.
- The spouses intended to uphold their marriage in Texas while living in separate states, requiring them to obtain a Texas marriage license.
- The non-resident spouse participated in searching for and purchasing a home in Texas.
- The non-resident spouse paid a monthly allowance to the resident spouse for utilities and mortgage payments while living in a Texas condominium.
- The non-resident maintained personal possessions in Texas.
- The non-resident spouse regularly traveled to Texas for vacations, wedding anniversaries, and for “intimate” visits.
Examples of Insufficient Minimum Contacts can include, but are not limited to:
Here are some instances where Texas courts have deemed minimum contacts insufficient:
- A single act of designating Texas as a military residence did not establish jurisdiction.
- Unilaterally moving to Texas and acquiring property did not establish jurisdiction.
- Performing corporate functions outside Texas while acting as a manager for a Texas-based company did not establish jurisdiction over the non-resident spouse.
- Attending a business convention in Texas nine to ten years prior was not enough to establish jurisdiction.
Equality and Substantial Justice
Contact Our Comal County Divorce Attorneys
If you are ready to proceed, reach out to our Comal County divorce attorneys to arrange a confidential consultation.
Our team at Soyars & Morgan Law will thoroughly examine your case, address your concerns, and answer any pressing questions you may have about the divorce process.
Our downtown San Antonio offices are ideally situated for in-person meetings. Prefer virtual communication? We are more than happy to “meet” with you via phone or videoconference.