Comal County Divorce Lawyers


Comal County Divorce Lawyers

During the divorce process, legal issues that surface can be quite distinctive and intricate, necessitating tailored legal support. At Soyars & Morgan Law, our Comal County divorce attorneys are committed to offering reliable legal guidance with compassion in these challenging moments.
Addressing monetary matters, navigating child custody disputes, and managing complicated asset allocation are among the myriad concerns our proficient legal team is ready to tackle. By working hand in hand, we aim to bolster your stance, protect your interests, and grant you the confidence required to move forward.

Tailored Legal Assistance from Divorce Lawyers in Comal County

We believe that every client deserves personalized attention and advice. Our Comal County divorce lawyers invest time in understanding each client’s distinct needs and situations, crafting bespoke legal plans aimed at accomplishing their goals. Whether dealing with a high-value divorce or grappling with child support issues, we are here to help.
During these trying times, you can depend on Soyars & Morgan Law for the necessary aid and backing. Our Comal County divorce lawyers are dedicated to leading clients through the divorce procedure with compassion, expertise, and professionalism. Contact us promptly to schedule a consultation and learn more about our offerings.

Comal County Divorce Lawyers: Types of Cases

Our skilled Comal County divorce lawyers manage an array of intricate divorce matters, encompassing the following:

Disputed Divorce

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.

High-Value Divorce

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.

Amicable Divorce

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.

Military Divorce

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.”

Ida R.


“Carla took me under her protective, assertive, kind, and noble wings. I will forever be grateful. AMAZING LITIGATOR. AMAZING TEAM. ORGANIZED. TALENTED. ETHICAL.”

Alessandra S.

Texas Divorce FAQs

Can I hide assets from my spouse during the divorce process?
  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.
What happens if I discover my spouse has been unfaithful?
  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.
How can I protect assets acquired before marriage? Assets obtained prior to marriage are considered separate property and are not part of the community estate. The Constitution prohibits the court from distributing separate property to the divorcing spouse. However, the value of a spouse’s separate assets may be used to justify an unequal division of the community estate. The court cannot interfere with a spouse’s ownership interest in separate property, but it can modify the distribution of the community estate and justify an unequal division. The spouse claiming the property as their separate property has the burden of proving that the asset was (1) acquired before the marriage, (2) received as a gift, or (3) inherited.

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.
Can a non-citizen file for divorce in Texas? Yes, a non-citizen can be considered a Texas resident for the purpose of initiating or maintaining a divorce action if they intend to establish a domicile in Texas as a resident and have been domiciled in Texas for the preceding six months. Texas does not require U.S. citizenship to grant a divorce. However, the ability to file for divorce in Texas may be limited if your spouse has insufficient minimum connections with the state for Texas to have jurisdiction.
Am I required to personally serve my spouse with the divorce papers?
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.
Is it possible to obtain an informal divorce or common law divorce? Although couples can enter into an informal or common law marriage, they cannot obtain an informal or common law divorce in Texas. The only way to pursue a divorce in Texas is by obtaining a court decree. There is no informal or common law divorce in Texas.
Can I get an uncontested divorce in Texas?
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.
What is the difference between a no-fault and a fault-based divorce?
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.

How can I determine if I’m eligible to file for divorce in Texas?
A Texas court may grant a divorce if the following criteria are met:

  1. One spouse is a Texas resident.
  2. A non-resident is subject to the court’s personal jurisdiction.
  3. The divorce petition is filed in the correct county.
  4. Subject matter jurisdiction is present.
What should I do if my spouse mistakenly filed for divorce in Texas?
 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.
In which Texas county can I file a divorce petition?  A spouse must have resided in a Texas county for at least 90 days before filing for divorce there. To be considered a person’s residence, the individual must physically live in the county. A spouse can have residences in multiple counties. Short trips away from the county do not break the continuity of an established residence. To establish residence in a second county, the residence must be (1) a fixed, owned abode, (2) regularly occupied or expected to be occupied for an extended duration, and (3) permanent rather than temporary.

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.

If you’re considering filing for
divorce, or if your spouse has already
filed, contact us or call our
Comal County divorce lawyers
at (210) 390-0000.

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?
In certain situations, yes. Texas requires personal jurisdiction over your spouse, meaning that your spouse must have had a minimal level of involvement with Texas for the state to enforce a court judgment. If your spouse has no connections to Texas, they cannot obtain a divorce in the state.
Factors that may give Texas jurisdiction over a non-resident spouse include:
  1. Your spouse is served with legal papers while in Texas.
  2. Your spouse waives the service of process and agrees to the Texas divorce proceeding.
  3. Your spouse appears in court and does not challenge Texas’s jurisdiction.
  4. 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:
  1. The spouse maintained a Texas residence when the divorce action was initiated.
  2. Texas was the last shared marital home.
  3. The divorce action is filed within two years of the marital home’s termination.
  4. The spouses intended to uphold their marriage in Texas while living in separate states, requiring them to obtain a Texas marriage license.
  5. The non-resident spouse participated in searching for and purchasing a home in Texas.
  6. The non-resident spouse paid a monthly allowance to the resident spouse for utilities and mortgage payments while living in a Texas condominium.
  7. The non-resident maintained personal possessions in Texas.
  8. 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:
In cases where one spouse has moved to Texas but the other has not, the court evaluates whether the non-relocating spouse engaged in activities within Texas and sought the benefits and protections of Texas law. A significant connection must be present between the nonresident and Texas due to the nonresident’s actions or conduct. One spouse cannot create the necessary contacts between Texas and the non-resident spouse for personal jurisdiction over the non-resident spouse’s objection solely through their own actions.

Here are some instances where Texas courts have deemed minimum contacts insufficient:

  1. A single act of designating Texas as a military residence did not establish jurisdiction.
  2. Unilaterally moving to Texas and acquiring property did not establish jurisdiction.
  3. Performing corporate functions outside Texas while acting as a manager for a Texas-based company did not establish jurisdiction over the non-resident spouse.
  4. Attending a business convention in Texas nine to ten years prior was not enough to establish jurisdiction.
Equality and Substantial Justice
Even if Texas determines there are adequate minimum contacts, the state may still decline to exercise jurisdiction if doing so would conflict with fair play and substantial justice. The court considers the following factors: (1) the burden on the respondent, (2) Texas’s interest in resolving the dispute, (3) the petitioner’s interest in obtaining convenient and effective relief, (4) the interstate judicial system’s interest in achieving the most efficient dispute resolution, and (5) the shared interest of all states in promoting fundamental substantive social policies. Due to advances in transportation and communication, courts in San Antonio and Central Texas have found that the distance between Texas and the respondent is generally insufficient to prove burden.

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.

Get in touch with us today to schedule your initial consultation!