New Braunfels Divorce Lawyers
New Braunfels Divorce Lawyers
Soyars & Morgan Law’s New Braunfels divorce lawyers understand how taxing a divorce can be on a person’s resources. In order to protect your interests and ease the emotional toll of a divorce, it is strongly advisable that you retain the services of a knowledgeable New Braunfels divorce attorney. Our divorce attorneys have seen it all and are committed to defending your rights and interests during this difficult period. Our staff has the experience to know what steps need to be taken to build a strong case for you.
Dedicated Legal Representation for Divorce Cases in New Braunfels
The problems faced by any given divorce are unique to that case. It is important to consult an attorney if you are going through a divorce, regardless of whether or not there are children involved. Our New Braunfels divorce lawyers at Soyars & Morgan Law take great pride in our ability to think creatively and find innovative solutions to our clients’ difficult divorce-related legal troubles.
Cases Handled by Divorce Lawyers in New Braunfels
Our skilled New Braunfels divorce attorneys handle complicated divorce matters, including the following types:
Contested Divorce
If you are facing a contentious divorce in New Braunfels, allow our experienced divorce attorneys at Soyars & Morgan to protect your property rights. We can help with even the most complicated divorces, like ones with a manipulative spouse or where one partner is charged with a crime while the divorce is going on.
High Net Worth Divorce
When your marital or separate estate is relatively high, safeguarding your net worth is vital. Our divorce lawyers in New Braunfels work with a team of experts, like tax lawyers and forensic accountants, to make sure that your investments are safe and that you get the best possible outcome from your divorce.
Divorce with Children
Handling child custody issues after a divorce can be challenging, but a knowledgeable and sensitive divorce attorney in New Braunfels can help you foresee obstacles and avoid unpleasant shocks for your family. Whether you seek sole or joint custody, we will assist you with the child custody procedure.
Divorce with Business
The ownership of a professional or other privately held firm can worsen a divorce. Our innovative New Braunfels divorce attorneys have experience separating such assets. We work with professionals to secure the stability and earning power of your firm during the distribution of your Texas marital estate.
Uncontested Divorce
When you and your partner can reach an agreement on the majority or all of your issues, you can expect to receive a straightforward and inexpensive divorce. Our seasoned New Braunfels divorce attorneys will still be required to assist you in submitting the relevant papers to the court and executing the correct property transfer documents. Trust us to help you navigate the divorce procedure for a straightforward, uncontested divorce.
Military Divorce
Numerous military families dwell in Texas, and military divorces can often be complicated by custody disputes and the need to manage retirement benefits. If either you or your partner is in the military, make sure to get in touch with our New Braunfels divorce attorneys to explore how we can assist you in obtaining a cost-effective military divorce.
The Soyars & Morgan Law Difference
- Receive access to our legal team instantly. Our New Braunfels divorce attorneys are committed to providing timely updates to each client. You will have direct communication with our legal staff, allowing you to receive prompt responses to your questions.
- Transparency is paramount. Transparency and honesty are key to establishing confidence with your attorney. At Soyars & Morgan Law, you can always know the specifics of your case at every stage.
- Individualized presentation. Our team understands that each case is unique. We will adapt your plan to match the needs of you and your family. Soyars & Morgan Law will handle your case from start to finish.
When you engage Soyars & Morgan Law, you can rest assured that our legal staff has the necessary resources to handle your case. You can trust us to resolve your legal problems and safeguard your interests.
Meet Our New Braunfels 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.”
New Braunfels Divorce FAQs
Does Texas allow for legal separation? In Texas, including New Braunfels, there is no recognition of legal separation. People are either single, married, or separated. It is a widespread fallacy that legal separation can be achieved from a spouse in Texas, but this is not true. Until a definitive divorce decision is granted by the court, individuals who are separated are still deemed married, with all the duties and benefits of being married. During this separation period, Texas community property laws apply to any property obtained by either spouse, and they will continue to do so until the final divorce decree is granted.
Is it legal to hide assets from a spouse during a divorce proceeding? In the majority of counties in Texas, standing orders discourage and prohibit spouses from taking such action. If you plan to get a divorce, you should talk to an experienced New Braunfels divorce lawyer before you file. Prior to commencing divorce proceedings, you should get advice on how to handle your financial situation. If you have already filed for divorce and want to protect certain assets, our New Braunfels divorce lawyers can ask the court for permission to protect the assets while the divorce is going on.
If I catch my spouse cheating, will this impact my divorce options? If you catch your spouse cheating, it can be used as grounds to pursue a fault-based divorce in Texas, and it can have an impact on the division of the marital property. The court may consider this fact as a reason to order an unequal distribution of the community estate in favor of the innocent spouse.
What can I do to protect my pre-marriage assets? To safeguard assets obtained prior to marriage, it’s essential to understand that such property is considered separate property and is not subject to division in a divorce. The court is prohibited from awarding separate property to the other spouse in the event of a divorce. However, the size of a spouse’s separate estate can be considered a basis for an unequal distribution of the community estate. Although the court cannot affect the ownership of a spouse’s separate property, it can impact the division of the community estate, justifying a disproportionate distribution. The person who says the property is theirs alone has to prove that they got it before they got married or that they got it as a gift or inheritance.
Can I get a military divorce in Texas? If you or your spouse are in the U.S. Armed Forces or any branch of the United States or Texas services, you may be eligible to file for a military divorce in Texas. The following are the conditions under which you may qualify for a divorce in Texas.
- TEXAS RESIDENT OR SPOUSE SERVING OUT OF STATE/COUNTY: If you or your spouse is a Texas domiciliary and serving outside the state or county of residence, the time spent in service is regarded as time spent in Texas and the county of residence.
- NON-TEXAS RESIDENT SERVING IN TEXAS: If you or your spouse is serving in the U.S. Armed Forces and has been stationed in one or more military bases in Texas for at least 6 months and at a military installation in a Texas county for the last 90 days, then you are regarded as a Texas domiciliary and resident of that county for those periods, allowing you to file for divorce in Texas.
Can a foreign national petition for divorce in New Braunfels, Texas? Absolutely. If a non-citizen intends to establish residency in Texas and has lived in New Braunfels for the past six months, they may initiate or maintain a divorce suit. In Texas, citizenship in the United States is not required to obtain a divorce. However, your ability to file for divorce may be limited if your spouse has insufficient minimal contacts with Texas, making Texas’s exercise of jurisdiction over your marriage difficult.
Will someone have to serve my spouse with divorce papers? Yes, unless your spouse waives service of process, an individual other than yourself must physically serve your spouse with the divorce petition in Texas. Your spouse can only waive service of process after the divorce suit has been filed, and the waiver must be notarized unless the spouse is incarcerated. Cooperation with your spouse to achieve a divorce is always a plus. It is advisable to employ a New Braunfels divorce attorney to ensure that the paperwork is completed correctly, and in many cases, uncontested divorces can be accelerated by having an attorney create the required documentation to prevent delays and obstacles.
Can I obtain a divorce through informal means or by common law? No, in Texas, you can’t get a divorce without a court order. Even if you got married informally through common law marriage, you can’t get a divorce without a court order.
Is a divorce without fault possible in New Braunfels, Texas? Yes, Texas permits no-fault divorces, which is not the case in every state. A Texas court may grant a no-fault divorce for a marriage that began in a sister state that does not recognize no-fault divorces. For a no-fault divorce to be granted in Texas, the parties must still meet the other divorce requirements.
Is there a distinction between a no-fault and a fault-based divorce? A no-fault divorce allows the parties to seek a divorce without proving that one of the spouses is to blame for the dissolution of the marriage. In Texas, a no-fault divorce can be granted for insupportability, living apart without cohabitation for at least 3 years, or imprisonment in a mental hospital for at least 3 years. A no-fault divorce permits the spouses to avoid exposing the sordid and nasty aspects of the other spouse’s actions to achieve a divorce.
Alternatively, Texas also authorizes divorces based on fault, meaning that one spouse was responsible for the dissolution of the marriage. The following reasons for fault are recognized in Texas: cruelty, adultery, felony conviction, and abandonment. If proven, fault grounds are used to get a bigger share of the common estate, and Texas courts take them into account when deciding how much, how long, and how to pay spousal maintenance.
What is required for a divorce in New Braunfels, Texas? A Texas court can award a divorce provided the following qualifications are met:
- One spouse must be a Texas resident.
- The court must have personal jurisdiction over the non-resident spouse.
- The divorce must be filed in the proper county.
- The court must have subject-matter jurisdiction.
What do I need to do if my spouse files for divorce by mistake in New Braunfels, Texas? If you believe that a divorce action has been unfairly brought against you in Texas, you must submit a special plea in abatement (not a motion to transfer). It is vital to accomplish this correctly; otherwise, you may “submit” to the Texas court’s jurisdiction and be forced to fight a divorce in Texas despite having little (if any) actual interaction with the state. In this case, you should hire a skilled New Braunfels divorce lawyer to make sure you don’t get stuck fighting a divorce in Texas.
Which Texas county am I able to file for divorce in? To file for divorce in Texas, a spouse must have lived in the county for at least 90 days before filing a divorce action in that county. For a county to be deemed a person’s residence, the individual must be physically present and reside in the county. A spouse can have numerous counties of residence. A fixed place of abode within the party’s possession, occupied or intended to be occupied regularly for a substantial period of time, and permanent rather than temporary are the prerequisites for a party to establish a residence in a second county.
When a divorce can be lawfully filed in more than one county, the court in which the divorce is initially filed will have dominant jurisdiction. This is usually known as the “first to file” advantage. If you are planning a divorce and multiple relevant counties qualify to hear the divorce, do not delay in filing, or you could find yourself defending a divorce proceeding in an inconvenient venue or county.
If you’re considering filing for
divorce, or if your spouse has already
filed, contact us or call our
New Braunfels divorce lawyers
at (210) 390-0000.
In my divorce proceeding, does Texas have personal jurisdiction over my spouse?
Can I obtain a divorce in Texas if my spouse resides in another state?
This can be possible in some situations. To impose a binding court order on your spouse, the state of Texas must have personal jurisdiction over your spouse, which necessitates a minimum amount of interaction between your spouse and Texas. If your spouse has no ties to Texas, you are unable to file for divorce in the state.
Some of the factors that may grant Texas jurisdiction over a non-resident spouse are the following:
- If your spouse is served legal documents in Texas,
- If your spouse waives service of process and consents to proceeding with a Texas divorce,
- If your spouse has made a general appearance and has not contested Texas’ jurisdiction, the case will proceed to trial.
- If your spouse has had sufficient minimum contacts with Texas to satisfy the fair-play requirements of due process under the Texas and Federal constitutions, he or she may file for divorce in Texas.
Examples of sufficient minimum contacts include:
- If the other spouse resided in New Braunfels at the time the divorce action was filed.
- If Texas is the last place of marriage.
- If the divorce petition is submitted within two years of the end of the marriage’s residency.
- If the couple wanted to stay married in Texas even though they lived in different states, they would have to get a Texas marriage license.
- If the non-resident spouse was involved in the home search and purchase in Texas.
- If the non-resident spouse pays a monthly stipend to the resident spouse to cover utilities and mortgage payments while living in a condo in Texas.
- If the non-resident maintained personal property in a Texas home.
- If the non-resident spouse frequently visited Texas for holidays and wedding anniversaries and had “intimate” encounters while in Texas.
If one spouse has relocated to New Braunfels and the other has not, the court determines whether the non-relocating spouse took advantage of the privilege of conducting operations in Texas and claimed the benefits and protections of Texas law. As a result of the non-action resident’s behavior, a substantial relationship between the non-resident and Texas must exist.
Examples of insufficient minimum contacts may include the following:
One spouse cannot unilaterally establish the contacts between Texas and the non-resident spouse required for personal jurisdiction if the non-resident spouse objects.
After determining that there are sufficient minimum contacts, Texas may nonetheless refuse to exercise jurisdiction if doing so would violate principles of fairness and substantial justice. The court considers various factors, such as the burden on the respondent, the interest of Texas in adjudicating the dispute, the petitioner’s interest in obtaining convenient and effective relief, the interstate judicial system’s interest in obtaining the most efficient resolution of disputes, and the shared interest of all states in advancing fundamental substantive social policies. Due to advances in transportation and communication, courts in San Antonio and Central Texas have determined that the distance between Texas and the defendant is typically insufficient to demonstrate burden.
Here are a few times when Texas courts have ruled that there were not enough minimal contacts:
- The mere recognition of Texas as a military residence did not establish jurisdiction.
- Moving to Texas unilaterally and obtaining property does not establish jurisdiction.
- Management duties for a Texas company that were done outside of Texas did not give Texas jurisdiction over the non-resident spouse.
- The fact that someone went to a business meeting in Texas nine or ten years ago wasn’t enough to establish jurisdiction.
Equality and Substantial Justice
Even if Texas determines that there are sufficient minimum contacts, it may nonetheless decline to exercise jurisdiction if doing so would be inconsistent with fair play and substantial justice. (1) the burden on the respondent; (2) the interest of Texas in adjudicating the dispute; (3) the petitioner’s interest in obtaining convenient and effective relief; (4) the interstate judicial system’s interest in obtaining the most efficient resolution of disputes; and (5) the shared interest of all states in advancing fundamental substantive social policies. Due to modern ways of getting around and communicating, courts in Texas and the areas around it have decided that the distance between Texas and the respondent is usually not enough to prove burden.
Contact our New Braunfels divorce attorneys today.
If you’re ready to begin the divorce process, contact our professional New Braunfels divorce lawyers to schedule a private consultation. Soyars & Morgan Law’s experts will work with you directly to analyze your case, talk about any concerns you might have, and answer any questions you might have about the divorce process.
We offer both in-person sessions at our convenient San Antonio location as well as remote consultations by videoconference or phone. Whether you prefer an in-person or virtual meeting, we are here to accommodate your needs.