Hays County Divorce Lawyers
At Soyars & Morgan Law, we have experience handling a wide range of divorce cases, including those involving child custody disputes, complex asset allocation, and high-value divorces. Our attorneys are knowledgeable about the legal issues that can arise during the divorce process and are committed to providing reliable legal guidance with compassion.
Personalized Legal Assistance from Guadalupe County Divorce Attorneys
When you work with us, you can expect direct access to our legal team, prompt responses to your concerns, and transparency throughout the entire divorce process. Our goal is to empower you with the information and resources you need to make informed decisions about your case and to provide you with the confidence required to move forward.
If you are seeking compassionate and experienced legal representation for your Guadalupe County divorce case, contact Soyars & Morgan Law today to schedule a consultation and learn more about how we can help.
Our Expertise in Handling Complex Divorce Matters in Guadalupe County
At Soyars & Morgan Law, our skilled Guadalupe County divorce lawyers have experience managing an array of intricate divorce matters, including the following:
In the case of a disputed divorce, the divorce process can become exceptionally intricate and intimidating. Allow Soyars & Morgan’s seasoned divorce lawyers in Guadalupe 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 Guadalupe 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 Guadalupe 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 Guadalupe 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 Guadalupe 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 for Your Guadalupe County Divorce Case?
- Direct access to our legal team. Our Guadalupe 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 yours 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 Guadalupe County to help you resolve your legal challenges.
Get to Know Our Guadalupe 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: Get Answers from Our Guadalupe County Divorce Lawyers
Is Legal Separation Allowed in Texas? Unfortunately, Texas does not permit legal separation. Until a court grants an official divorce decree, you remain married in Texas, with all associated rights and responsibilities. Our Guadalupe County divorce lawyers often receive questions about obtaining a “legal separation” from a marriage, but this is not possible in Texas. The Texas community property rules continue to apply to assets owned by either spouse during the separation, unless a final divorce decree is established.
Can Assets be Hidden During Divorce Proceedings? In Texas, most counties have standing orders that prohibit and discourage spouses from hiding assets during divorce proceedings. Our Guadalupe County divorce lawyers advise you to seek legal advice before initiating the divorce process to manage your financial situation. If you have already filed for divorce and wish to protect specific assets, our attorneys can request court authorization to secure the asset while the divorce proceeds.
What are the Consequences of Adultery During Divorce? 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. Our Guadalupe County divorce lawyers have experience handling these types of divorce cases and can provide you with the guidance and support you need.
How to Protect Assets Acquired Before Marriage? Assets obtained prior to marriage are considered separate property and are not part of the community estate. However, the value of a spouse’s separate assets may be used to justify an unequal division of the community estate. Our Guadalupe County divorce lawyers can help you navigate the complexities of dividing separate and community property. 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.
Eligibility for Military Divorce in Texas Are you or your spouse serving in the U.S. Military Forces or other United States or Texas services? You may be eligible to file for divorce in Texas under certain conditions.
- RESIDENT OF TEXAS OR SPOUSE SERVING OUT-OF-STATE/COUNTRY. A Texas resident’s time spent outside the state or county of residence while serving in the armed forces or other services of the United States or Texas is deemed time spent in Texas and the county of residence.
- SERVING IN TEXAS AS A NON-TEXAS RESIDENT If you or your spouse have been stationed (1) at one or more military posts in Texas for the previous six months and (2) at a military base in a Texas county for the previous ninety days, you are considered a resident of Texas.
Non-Citizen Divorce in Texas Can a non-citizen initiate or maintain a divorce action in Texas? Yes, as long as they intend to establish a domicile in Texas as a resident and have been domiciled in Texas for the preceding six months. U.S. citizenship is not required to grant a divorce, but the ability to file for divorce in Texas may be limited if the spouse has insufficient minimum connections with the state for Texas to have jurisdiction.
Service of Process in Divorce Do you have to personally serve your spouse with the divorce papers? No, Texas requires that someone other than you personally serve your spouse with the divorce petition, unless the spouse waives service of process. The waiver can only be executed after the divorce action has been filed, and if the individual executing the waiver is incarcerated, it must be notarized.
Informal or Common Law Divorce Is it possible to obtain an informal or common law divorce in Texas? No, couples can enter into an informal or common law marriage, but 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.
Uncontested Divorce in Texas Can you get an uncontested divorce in Texas? Yes, Texas allows no-fault divorces, and the 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.
No-Fault vs. Fault-Based Divorce: What’s the Difference? In a no-fault divorce, spouses are not required to prove that one party was responsible for the end of the marriage. Texas permits no-fault divorces for several reasons, including living apart without cohabitation for at least three years or confinement in a mental hospital for at least three years. A no-fault divorce enables both spouses to seek a divorce without disclosing intimate details of the other spouse’s conduct or behavior.
On the other hand, Texas permits fault-based divorces, where one spouse alleges that the other was at fault for the marriage’s breakdown. Texas recognizes several fault grounds, including cruelty, adultery, felony conviction, and abandonment. If fault grounds are proven in court, the innocent spouse may be entitled to a larger share of the community estate or increased spousal maintenance.
A fault-based divorce requires the spouse alleging fault to provide evidence to support their claim. Evidence may include witnesses, documents, or other forms of proof. If the court finds that one spouse was at fault for the dissolution of the marriage, it can impact the division of marital assets and spousal support.
It is crucial to remember that pursuing a fault-based divorce can be time-consuming, expensive, and emotionally draining compared to a no-fault divorce. The process 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.
What are the Eligibility Requirements for Filing for Divorce in Texas? A Texas court can grant a divorce if certain criteria are met, including:
- At least one spouse is a Texas resident.
- If the spouse is a non-resident, they are subject to the court’s personal jurisdiction.
- The divorce petition is filed in the proper county.
- The court has subject matter jurisdiction.
Mistakenly Filed for Divorce in Texas: What Should You Do?
If you suspect that a divorce action has been wrongly filed against you in Texas, it’s crucial to file a Special Plea in Abatement (not a motion to transfer). If you fail to do so, you could potentially subject yourself to the jurisdiction of the Texas court, forcing you to defend a divorce case in Texas, even if you have minimal (if any) connections to the state. To avoid becoming entangled in a Texas divorce dispute, it’s recommended to consult an experienced Guadalupe County divorce attorney.
Which Texas County Can You File a Divorce Petition in? To file for divorce in Texas, one spouse must have been a resident of a Texas county for at least 90 days prior to filing. Residence in a county is established by physically residing in that county. A person can have residences in multiple counties. Short trips outside the county do not break the continuity of an established residence. To establish a residence in a second county, the abode must be (1) fixed and owned, (2) regularly occupied or expected to be occupied for an extended duration, and (3) permanent rather than temporary.
When a divorce case can be filed in more than one county, the court where the case was first filed will have primary jurisdiction. This is commonly known as the “first-to-file” advantage. If you’re considering divorce and multiple counties are suitable for hearing the case, it’s essential to file promptly. Otherwise, you might end up defending a divorce action in a location or county that is inconvenient for you.
Can Texas have complete authority over my spouse in my divorce case?
Can I file for divorce in Texas if my spouse lives in a different state?
The following elements may grant Texas jurisdiction over a non-resident spouse:
- Your spouse is served legal documents in Texas.
- Your spouse consents to the divorce proceeding in Texas and waives process service.
- Your spouse does not contest the court’s authority in Texas and appears in court.
- Your spouse has negligible contacts with Texas, which satisfies the Texas and federal constitutions’ requirements for fair play and due process.
Examples of minimum acceptable contacts include:
- The spouse maintained a Texas residence at the time the divorce was filed.
- Texas was the final marital residence.
- The divorce petition is lodged within two years of the termination of the marital residence.
- The couple intended to maintain their marriage in Texas despite residing in different states, necessitating the acquisition of a Texas marriage license.
- The non-resident spouse participated in the quest for and acquisition of a Texas residence.
- While residing in a Texas condominium, the non-resident spouse paid a monthly allowance to the resident spouse for utilities and mortgage payments.
- The non-resident kept personal belongings in Texas.
- The non-resident spouse visited Texas frequently for vacations, wedding anniversaries, and “intimate” visits.
If you’re unsure about your situation, it’s best to consult a knowledgeable Guadalupe County divorce attorney to understand your legal options.
Inadequate Minimum Contacts Illustrations in Texas Divorce Cases
When one spouse has relocated to Texas but the other has not, the court considers whether the non-relocating spouse engaged in activities in Texas and pursued the protections of Texas law. Due to the nonresident’s actions or conduct, a substantial connection must exist between Texas and the nonresident.
In certain instances, however, Texas courts have deemed minimum contacts inadequate:
- A solitary trip to Texas for business was insufficient to establish jurisdiction.
- The signature of the non-resident spouse on a Texas mortgage document did not establish jurisdiction.
- Previous residency in Texas, but in a distinct location, by a non-resident spouse did not establish jurisdiction.
- Over the years, a non-resident spouse’s family excursions to Texas did not establish jurisdiction.
Equality and Substantial Justice in Texas Divorce Cases
Even if Texas determines that the minimum contacts are met, the state may still decline to exercise jurisdiction if doing so would be inconsistent with fair play and substantial justice. The court considers a number of factors, such as:
- The onus placed upon the respondent
- The interest of Texas in resolving the dispute
- The interest of the petitioner in obtaining expedient and effective relief
- The interest of the interstate judicial system in achieving the most effective dispute resolution
- The shared objective of all nations to advance fundamental substantive social policies
Due to advancements in transportation and communication, courts in San Antonio and Central Texas have typically determined that the distance between Texas and the respondent is insufficient to establish a burden.
Get In Touch With Our Guadalupe County Divorce Attorneys
Don’t hesitate to contact our experienced divorce attorneys in Guadalupe County for a confidential consultation.
At Soyars & Morgan Law, our team will carefully analyze your case, listen to your concerns, and answer any questions you have about the divorce process.
Whether you prefer in-person meetings at our downtown San Antonio offices or virtual communication via phone or videoconference, we are flexible and accommodating to your needs.
Take the first step towards resolving your legal challenges by scheduling your initial consultation with us today!