Kendall County Divorce Lawyers
The divorce attorneys at Soyars & Morgan Law in Kendall County have a deep understanding of the difficulties and complexities that often arise during the divorce process. With years of experience in divorce cases, our team of Kendall County Divorce Lawyers are dedicated to helping you navigate this challenging time and protecting your interests every step of the way. We are committed to providing you with the compassionate and skilled representation you need to secure your future and emerge from this experience with your head held high.
Kendall County Divorce Lawyers: Tailored Legal Counsel
Each divorce has its own unique issues. Whether you are facing a divorce with or without children, financial issues will often create complications that require personalized legal solutions. At Soyars & Morgan Law, our Kendall County divorce lawyers pride themselves on thinking outside the box to resolve complicated divorce issues that affect our clients.
Kendall County Divorce Lawyers: Kinds of Divorce Cases
Our experienced Kendall County divorce lawyers handle complex divorce cases, including the following types of divorce cases:
Navigating the divorce process can be overwhelming, especially in cases involving high levels of conflict. At Soyars & Morgan, our Kendall County divorce attorneys are equipped to handle even the most complex cases, including those involving a narcissistic spouse or criminal charges. Let us help protect your rights and property. Contact us today.
High Net Worth Divorce
If you have a significant marital estate or separate property, it is important to take extra precautions to avoid negative consequences and protect your wealth. At Soyars & Morgan, our Kendall County divorce attorneys have the resources and expertise to help you achieve the best possible outcome for your divorce. Our team will partner with tax attorneys, forensic accountants, and other specialists who can help safeguard your investments.
Divorce with Children
Child custody can be a difficult and emotional aspect of divorce. It is important to have a knowledgeable and dedicated Kendall County divorce lawyer by your side to help you make informed decisions about the future of your child. At Soyars & Morgan, we are experienced in handling all types of child custody cases, including those involving full or shared custody. Let us guide you through this process and work to protect your rights and the best interests of your child.
Divorce with Business
Owning a professional business or other closely held asset can complicate the division of assets in a divorce. We have the experience and insight to structure the division of your Texas marital estate in a way that protects the value and earning potential of your business. We also have a network of experts, such as business appraisers, who can help us ensure that your interests are represented.
If you and your spouse can agree on all or most issues, then you will be able to achieve a simple and affordable divorce. However, an attorney will still be necessary to help you submit the proper paperwork to the courts and to execute the appropriate documents to transfer the property correctly. If you are looking for a simple divorce, contact our experienced divorce lawyers in Kendall County to discuss how we can help you through the divorce process for a simple uncontested divorce.
Divorce can be especially complicated for military families in Texas, due to the unique issues of child custody and retirement benefits that must be addressed. If you or your spouse is a member of the military, it is important to have an experienced Kendall County divorce lawyer on your side to ensure that your rights are protected and you are able to achieve an affordable resolution in your military divorce.
Why Work With Soyars & Morgan Law?
- Seamless access to our legal team. Timely communication is important to our clients. That’s why we make sure to provide prompt responses and offer direct access to our team of Kendall County divorce lawyers. No matter what questions or concerns you may have, we are here to provide you with the support and guidance you need.
- Straightforward and transparent. Transparency and honesty are both instrumental to building trust with our clients. That’s why we are committed to keeping you informed about every aspect of your case. You can always count on us to be open and honest with you about the progress of your case and what to expect next.
- Personally tailored approach. Our team takes time to understand your specific needs and goals, so that we can develop a strategy tailored to you and your family. We’re committed to working tirelessly to protect your interests and achieve the best possible outcome in your case.
When you retain the services of Soyars & Morgan Law, you can be assured that we are fully qualified to take on your case. Let our Kendall County divorce lawyers work with you to address your legal concerns.
Meet Our Kendall 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
Is it possible to file for a legal separation in Texas? It is important to note that Texas does not recognize the concept of legal separation. In this state, you are either single, married, or divorced. Many people ask our Kendall County divorce lawyers if they can obtain a “legal separation” from their spouse, but this is not an option in Texas. Until a court signs a final decree of divorce, you are still considered married and all the duties and benefits of marriage apply. Additionally, Texas’ community property laws will continue to apply to any property acquired by either spouse during the separation period until the divorce is finalized.
Am I allowed to hide money or other assets from my spouse throughout the divorce process? Many counties in Texas have policies in place that discourage spouses from making certain financial moves during the divorce process. If you are considering divorce in Kendall County, Texas, it is advisable to speak with a local divorce lawyer before taking any action. If you have already filed for divorce and wish to safeguard certain assets, a Kendall County divorce lawyer may be able to request court permission to do so. It is also a good idea to seek advice on how to manage your finances prior to filing for divorce.
How does catching my spouse cheating affect the division of assets? In Texas, adultery can be used as a reason (or “ground”) to obtain a fault-based divorce. If the divorce is granted on this basis, the court may consider the adultery when determining how to divide the couple’s shared assets (known as the “community estate”).
What can I do to protect assets I acquired before marriage? In Texas, property that is owned by one spouse prior to the marriage is considered separate property and is not part of the community estate that is subject to division during a divorce. The court is not allowed to award a spouse’s separate property to the other spouse as part of the divorce settlement.
That being said, the size of a spouse’s separate estate can be taken into consideration when determining the division of the community estate. If one spouse has a significantly larger separate estate than the other, the court may award a disproportionate share of the community estate to the spouse with the smaller separate estate. In order to claim that property is separate, the spouse must be able to show that it was either (1) acquired before the marriage, or that it was (2) received as a gift or inheritance. The burden of proof is on the spouse making the claim.
Can I get a military divorce in Texas?
If either you or your spouse are members of the U.S. Armed Forces or the military service of Texas, you may be eligible to file for divorce in Texas under certain conditions. Some of these conditions include:
- RESIDENT OF TEXAS OR SPOUSE PERFORMING SERVICE OUTSIDE OF THE STATE OR COUNTY. Any time that you or your spouse spend outside of the state or county of residence while on military duty is generally considered as time spent in Texas and in the county of residence for purposes of divorce. This means that if you meet the other requirements for filing for divorce in Texas, you may be able to do so even if you or your spouse are currently serving outside of the state or county.
SERVING IN TEXAS AS A NON-TEXAS RESIDENT. If you or your spouse are members of the U.S. Armed Forces and have been stationed at one or more military installations in Texas for at least the past six months, and at a military installation in a specific county in Texas for at least the past 90 days, you may be considered a Texas domiciliary (resident) and a resident of that county for the purpose of filing for divorce. This means that if you meet the other requirements for filing for divorce in Texas, you may be able to do so even if you or your spouse are currently serving outside of the state or county.
Is it possible for Non-U.S. Citizens to file for divorce in Texas? Yes, it is possible for a person who is not a U.S. citizen to be considered a resident of Texas chiefly for the purpose of filing for or maintaining a divorce case if they intend to establish a permanent home in Texas and have lived in the state for at least the past six months. U.S. citizenship is not a requirement for obtaining a divorce in Texas. However, the ability to file for divorce in Texas may be limited if your spouse does not have sufficient connections to the state, as the court must have jurisdiction over both parties in order to grant a divorce.
Will my spouse have to be served with the divorce? Yes, Texas law requires that your spouse be personally served with a petition for divorce by someone other than you. Your spouse can waive this requirement and agree to accept service of the petition after the divorce case has been filed, but the waiver must be notarized unless the person signing the waiver is incarcerated. If you and your spouse are working cooperatively to obtain a divorce, it can often be helpful to have a Kendall County divorce lawyer assist with the process to ensure that all necessary paperwork is completed accurately and efficiently. An attorney can also help to expedite an uncontested divorce by drafting the required documents and avoiding potential delays or issues.
Can I request a common-law divorce or an informal divorce? In Texas, a divorce can only be granted by a court order. It is not possible to obtain a divorce through an informal or common law process. While it is possible for a couple to be informally married through common law marriage in Texas, they must still go through the formal process of obtaining a divorce through the court system in order to end their marriage. There is no such thing as an informal or common law divorce in Texas.
Does Texas grant no-fault divorces? Yes, Texas allows for no-fault divorces, which means that a divorce can be granted without one party having to prove that the other party did something wrong. In Texas, a no-fault divorce can be granted on the grounds of “insupportability,” which means that the marriage has become insupportable due to conflicts or differences that cannot be resolved. Not all states allow for no-fault divorces, and it is important to understand the laws of the state in which you were married and the state in which you plan to file for divorce.
What is the difference between an at-fault divorce and no-fault divorce? A no-fault divorce is a type of divorce in which the parties do not have to prove that one spouse is at fault for the breakdown of the marriage. In Texas, a no-fault divorce can be granted on the grounds of insupportability, which means that the marriage has become insupportable due to conflicts or differences that cannot be resolved. No-fault divorce can also be granted if the spouses have lived apart without cohabitation for at least three years, or if one spouse has been confined in a mental hospital for at least three years.
An at-fault divorce, on the other hand, is a type of divorce in which one spouse is deemed to be at fault for the breakdown of the marriage. In Texas, at-fault divorce can be granted on grounds such as cruelty, adultery, felony conviction, and abandonment. If an at-fault divorce is granted, the court may consider the fault of one spouse when determining the division of the couple’s shared assets (known as the “community estate”) and may also consider the fault of one spouse when deciding the amount, duration, and terms of any spousal maintenance (alimony) payments.
In Texas, it is generally more common to file for divorce on the grounds of insupportability, as it allows the parties to avoid having to present evidence or testimony about the other spouse’s conduct. However, if one spouse believes that they have grounds for an at-fault divorce, they may choose to pursue that option.
What do I need to file for divorce in Texas? A Texas Court has will be able to grant your request for a divorce once the following four conditions have been met:
1. One or more parties qualify as a domiciliary of Texas.
2. Personal jurisdiction over a non-resident has been obtained by The Court.
3. The divorce proceedings have been filed in the proper county.
4. The Court also has jurisdiction of subject-matter.
What steps do I take if my spouse wrongfully filed for divorce in Texas? If you believe that a divorce case has been wrongly filed against you in Texas, it is important to take action to protect your rights and avoid being “stuck” defending a divorce in the state. One way to challenge the jurisdiction of the Texas court in your case is to file a Special Plea in Abatement, which is a legal document stating that the court does not have the authority to hear the case due to a lack of jurisdiction. It is important to note that a Special Plea in Abatement is different from a motion to transfer, which is a request to have the case transferred to another court.
If you are facing a divorce case in Texas and believe that the court does not have jurisdiction, it is advisable to seek the advice of an experienced Kendall County divorce lawyer like our team at Soyars & Morgan Law.
In which Texas counties can I file for divorce? In Texas, a spouse must have lived in the county where they are seeking a divorce for at least 90 days before they can file a divorce case in that county. To be considered a resident of a county, the person must be physically present and living in the county.
It is possible for a person to have more than one county of residence, but in order to establish a residence in a second county, the residence must be a fixed place of abode that is intended to be occupied consistently over a substantial period of time and is permanent rather than temporary.
If a divorce case can be properly filed in more than one county, the court in which the divorce is first filed will generally have dominant jurisdiction over the case, which is often referred to as the “first to file” advantage. It is important to act quickly if you are considering divorce and there are other proper counties that could hear your case, as waiting too long to file could result in having to defend the case in an inconvenient location.
Does Texas have personal jurisdiction over my spouse in my divorce case?
Will I be able to get a divorce in Texas if my spouse lives out-of-state?
In order for a Texas court to grant a divorce and issue binding orders that apply to both parties, it must have personal jurisdiction over both spouses. This means that the court must have the authority to hear the case and make decisions that will affect the parties involved. In order to obtain personal jurisdiction over a spouse in a divorce case, the spouse must have had a minimum level of contact with Texas. This could include living in the state, being employed in the state, or owning property in the state.
If your spouse does not have sufficient connections to Texas, it may not be possible to obtain a divorce in the state. In this case, it may be necessary to file for divorce in a different jurisdiction that has the authority to hear the case.
Here are some examples of factors that may allow Texas to assert jurisdiction over a non-resident spouse:
- Your spouse was served properly with divorce process while located in Texas
- Your spouse has waived the service of process and expressed agreement to proceed with a divorce in the state of Texas
- Your spouse does not contest Texas’ jurisdiction and makes a general appearance
- If your spouse has had sufficient minimum contacts with Texas, the state may be able to assert jurisdiction over them and hear your divorce case
These are some examples of sufficient minimum contacts:
- Texas was the most recent marital residence.
- The other spouse was a domiciliary of Texas at the time that the divorce suit was filed.
- Non-resident spouse visited Texas frequently for holidays and wedding anniversary or had “intimate” visits with spouse while in Texas.
- Non-resident spouse paid a monthly stipend to their resident spouse while living in a Texas condo to cover mortgage payments or utilities.
- Non-resident kept any of their personal possessions in Texas residence.
- The divorce suit commenced within 2 years after the marital residence ended.
- If the spouses intended to maintain their marriage in Texas while living in separate states.
- Non-resident spouse participated in the search and purchase of a Texas home.
The Following Are Examples of Insufficient Minimum Contacts:
When one spouse has moved to Texas and the other spouse has not, the court will consider whether the non-resident spouse has taken advantage of the privileges of conducting activities in Texas or has invoked the benefits and protections of Texas laws.
There also must be a strong connection between the non-resident spouse and Texas based on the non-resident spouse’s actions or conduct.
The actions of one spouse alone may not be enough to create the necessary contacts between Texas and the non-resident spouse for the state to assert jurisdiction over the non-resident spouse’s objections.
It is important to understand that the specific requirements for minimum contacts with Texas may vary depending on the circumstances of your case. It is advisable to seek the advice of a knowledgeable attorney to understand these requirements and to ensure that your rights are protected throughout the divorce process.
Here are some examples where Texas courts have found insufficient minimum contacts:
- The attendance of a business convention in Texas 9 to 10 years prior to the divorce was determined to not support jurisdiction.
- One instance of designating Texas as resident during military service did not support jurisdiction.
- Corporate functions performed from abroad while serving as a manager of a Texas company did not support jurisdiction over non-resident spouses.
- Unilaterally moving to Texas and purchasing property did not support jurisdiction.
Substantial Justice & Fair Play
Even if a Texas court finds that there are sufficient minimum contacts between the state and a non-resident spouse to assert jurisdiction in a divorce case, the court may still decline to exercise jurisdiction if doing so would not be fair and just. In making this determination, the court will consider a number of factors, including:
- The burden on the respondent spouse
- The interests of Texas in hearing the case
- The petitioner’s interest in obtaining convenient and effective relief
- The efficiency of resolving the controversy through the interstate judicial system
- The shared interests of all states in promoting fundamental social policies
In many cases, the distance between Texas and the respondent spouse may not be considered sufficient to show a burden, particularly with modern transportation and communication. It is important to understand that the specific factors that the court will consider in determining whether to exercise jurisdiction may vary depending on the circumstances of your case.
Get in Touch With Experienced Kendall County Divorce Lawyers
If you are considering divorce and are ready to explore your options, our Kendall County divorce lawyers at Soyars & Morgan Law can help. We offer confidential consultations to discuss your case in detail, address your concerns, and provide answers to any questions you may have about the divorce process.
We have offices located in downtown San Antonio for in-person meetings, and we are also available for virtual meetings via videoconference or phone. Contact us to schedule a consultation and take the next step towards resolving your legal matter.