San Antonio Divorce Lawyers
The divorce process can be difficult and overwhelming, both emotionally and financially. Our team of divorce lawyers at Soyars & Morgan Law in San Antonio are here to help you navigate the process and protect your interests. With experience in handling the complications that can arise during divorce, we can help build a strong case to protect your future. Don’t face the process alone, let our experienced San Antonio divorce lawyers guide you through it.
San Antonio Divorce Lawyers: Legal Guidance, Personalized
Every divorce is unique and presents its own set of challenges, including financial issues that may require personalized legal solutions. Our San Antonio divorce lawyers have a reputation for finding creative solutions to complex divorce issues that affect our clients. Whether you are facing a divorce with or without children, we’ll help find the right solutions to meet your needs.
Types of Cases our San Antonio Divorce Lawyers Handle
Our team of San Antonio divorce attorneys are highly experienced and provide the best representation in a variety of types of divorce cases:
Contested Divorce
If you are facing a contentious or complex divorce, it is important to have experienced legal representation to protect your rights and property. At Soyars & Morgan Law in San Antonio, our divorce lawyers handle even the most difficult cases, including high-conflict divorces with a narcissistic spouse and divorces where one spouse is facing criminal charges.
High Net Worth Divorce
If you have significant assets, whether as part of a marital estate or as separate property, it is important to take steps to protect your net worth during the divorce process. Our divorce lawyers network with experts, including tax attorneys and forensic accountants, to ensure that your investments are protected and you achieve the most favorable outcome for your divorce.
Divorce With Children
Dealing with child custody issues during a divorce can be emotionally stressful and necessitate difficult decisions. It is important to have a skilled and attentive divorce lawyer on your side to anticipate potential issues that may arise and help you avoid unnecessary surprises for you and your family.
Divorce with Business
Ownership of a professional business or other closely held asset can easily lead to complexities in the divorce proceedings. Dividing these types of assets often requires the expertise of additional professionals and experienced divorce lawyers with creative solutions for dividing the marital estate in a way that protects the integrity and earning potential of your business.
Uncontested Divorce
If you and your spouse are able to agree on most or all of the issues related to your divorce, it may be possible to achieve a simple and affordable divorce. Even in cases of an uncontested divorce, it is advisable to seek the guidance of an experienced divorce lawyer to ensure that the proper paperwork is filed with the courts and that property is transferred correctly. At Soyars & Morgan Law in San Antonio, our divorce lawyers can help you through the process of obtaining a simple uncontested divorce.
Military Divorce
Texas is home to a large military population, and military divorces can present their own set of complications. These commonly include child custody issues and the division of retirement benefits. If you or your spouse is a member of the military and are facing a divorce, it is important to have experienced legal representation by a San Antonio divorce lawyer to ensure the most favorable outcome in your divorce.
Why Soyars & Morgan Law?
- Round-the-clock Access. Our San Antonio divorce lawyers are always present for our clients, able to answer a question whenever you have it. You’re provided direct access to your legal representative, giving you the ability to get answers and peace of mind when you need it.
- Fully Transparent. It’s essential to building trust that we operate in full honesty and transparency with our clients. No matter where your case is at, we’ll always provide you the information you need every step of the way.
- An Approach as Unique as your Case. There are no two divorces that are exactly the same, especially when emotions and assets are on the line. Every legal strategy at Soyars & Morgan Law is tailored to you and your family’s goals, and we’ll take you there from beginning to end.
As your San Antonio divorce litigation team, you can rest confident that we’re highly-capable in taking on your case. Our experienced lawyers will be able to work with you through any and all 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.”
San Antonio Divorce FAQs
Am I able to file for divorce in San Antonio or the state of Texas in general? You will be able to obtain a divorce in Texas Court when the following conditions are met:
- One party in your divorce qualifies as a domiciliary of Texas.
- Personal jurisdiction over a non-resident has been obtained by the Court.
- You have filed your divorce in the property county (more below).
What Texas county am I allowed to file for divorce in? Texas law requires one spouse to have lived in the county for at least 90 days before filing for divorce there. To qualify as a county of residence, the spouse must be physically present and living in the county. It is possible to have more than one county of residence, and temporary absences from the county will not disrupt an established residence. To establish a residence in a second county, the residence must be a fixed place of dwelling that the party intends to occupy consistently over a substantial period of time, and it must be permanent rather than temporary.
If a divorce can be filed in more than one county, the court where the divorce is filed first will generally have dominant jurisdiction. This is known as the “first to file” advantage. If you are considering divorce and there are other counties that may be proper venues, it is important to file promptly to avoid potentially defending the case in an inconvenient location.
Is it OK to hide money from my spouse while getting divorced? There are a significant number of Texas counties that have standing orders in place aimed at preventing and discouraging spouses from hiding money or assets. If you are worried about protecting your assets, it would be wise to consult with a San Antonio divorce lawyer in your area before attempting to hide any assets on your own. This will allow you to get a better understanding of your options and to organize your financial affairs in preparation for the divorce. If a divorce has already been filed, an experienced divorce lawyer may be able to help you protect certain assets by requesting permission from the court to do so while the divorce is ongoing.
Am I able to file for legal separation in Texas? Texas does not recognize the concept of separation. Instead, a person is either single, married, or divorced. This means that even if a couple is no longer living together and are not actively participating in their marriage, they are still considered married under Texas law. This has important implications for financial matters such as property ownership and debt. If you are considering separating from your spouse, it is advisable to consult with a San Antonio divorce attorney at Soyars & Morgan Law to understand your rights and obligations under Texas law.
What should I do to protect my assets that I obtained prior to marriage?
In Texas, property that was owned by a spouse before they got married is considered separate property and is not subject to division during a divorce. However, the size of a spouse’s separate estate can be a factor in the division of the couple’s community property, which includes any assets or debts acquired during the marriage. If one spouse claims that certain property is their separate property, it is their burden to prove that it was either acquired before the marriage or received as a gift or inheritance. The court cannot interfere with a spouse’s ownership of separate property, but it can consider the size of a spouse’s separate estate in determining the division of the community property.
Will somebody have to serve my spouse with the divorce? In Texas, you must have someone other than yourself personally serve your spouse with the divorce petition, unless they waive service of process. This waiver can only be done after the divorce suit has been filed, and must be notarized, unless the person signing the waiver is incarcerated. Even if you and your spouse are working together to get a divorce, it’s a good idea to hire a San Antonio divorce lawyer to ensure that all the paperwork is completed correctly. In some cases, having an attorney draft the necessary documents can help speed up the process for an uncontested divorce, eliminating potential delays or issues.
What if I catch my spouse cheating? In San Antonio, Texas. adultery can be grounds for a fault-based divorce. If a divorce is granted on the basis of fault, the court may consider adultery when deciding on an unequal division of the community estate.
Will I be able to obtain a common-law divorce or an informal divorce? Spouses who are informally married through common law marriage cannot dissolve their union informally or through common law. Instead, they must obtain a court order granting a divorce to legally end the marriage. In Texas, there is no option for an informal or common law divorce.
Can you get a no-fault divorce in Texas? Yes, it is possible to get a divorce in Texas without assigning blame to either spouse, known as a no-fault divorce. Texas is one of the few states that allows this type of divorce. Even if a marriage was entered into in a state that does not recognize no-fault divorce, Texas can still grant a no-fault divorce. In order for Texas to have jurisdiction to grant a no-fault divorce, the parties must meet the requirements for filing for divorce in Texas.
How does a-fault divorce differ from an at-fault divorce? In Texas, couples seeking to end their marriage have the option of obtaining a no-fault divorce. This means that a spouse does not have to prove that the other spouse did something wrong in order to obtain a divorce. No-fault divorces can be granted on the grounds of “insupportability,” living apart for at least three years, or confinement in a mental hospital for at least three years.
In addition to no-fault divorce, Texas also allows for fault-based divorce. This means that one spouse must be at fault for the breakdown of the marriage. Fault-based grounds for divorce in Texas include cruelty, adultery, felony conviction, and abandonment. If a divorce is granted on fault grounds, the spouse who is found at fault may be ordered to pay a larger share of the community estate or be required to pay spousal maintenance.
Am I able to get a military divorce in Texas? If you are a member of the U.S. Armed Forces or other services of the United States or Texas, you may be able to file for divorce in Texas if:
- You are a Texas resident, or your spouse is serving out of state/county. The time spent by a Texas resident outside of the state or county of residence while serving in the military or other services of the United States or Texas is considered time spent in Texas and in the county of residence.
- You or your spouse is a non-Texas resident serving in Texas. If you or your spouse is serving in the U.S. Armed Forces and has been stationed at one or more military installations in Texas for the past 6 months and at a military installation in a Texas county for the past 90 days, you are considered a Texas resident and a resident of that county for the purposes of filing for divorce.
As a non-U.S. Citizen, can I file for divorce in Texas? Non-U.S. citizens can be recognized as Texas residents for the purpose of filing for divorce or ongoing divorce proceedings if they have been living in the state with the intention of making it their permanent home for the last six months. However, the court’s ability to grant a divorce may be limited if the non-citizen spouse does not have sufficient connections to Texas. In such cases, the court may not have jurisdiction over the spouse. It is important to note that U.S. citizenship is not necessary to obtain a divorce in Texas.
Are there any steps I need to take if my spouse has wrongfully filed for divorce in Texas? If you feel that a divorce has been wrongfully filed against you in Texas, you will need to file a Special Plea in Abatement, rather than a motion to transfer. Failure to handle this correctly may leave you stuck defending a divorce in Texas even if you have little connection to the state. To avoid this situation, it’s important to hire an experienced San Antonio divorce attorney to ensure that you are not caught in a divorce case in Texas.
If you’re considering filing for
divorce, or if your spouse has already
filed, contact us or call our
San Antonio divorce lawyers
at (210) 390-0000.
Does Texas have personal jurisdiction over my spouse in my divorce case?
Is it possible to get a divorce in Texas even though my spouse lives out-of-state?
To obtain a divorce in Texas, your spouse must have had sufficient minimum contacts with the state. This means that they must have had a certain level of interaction or connection with Texas in order for the state to be able to legally bind them with a court order. Without these minimum contacts, you will not be able to get a divorce in Texas.
Some ways that Texas may be able to establish jurisdiction over a non-resident spouse include:
- Service of process on the spouse while they are physically present in the state.
- Waiver of service of process and agreement to proceed with the divorce in Texas.
- Making a general appearance in the case and not contesting Texas’ jurisdiction.
- Having sufficient minimum contacts with the state, such as through business or personal connections, that meet the requirements for due process under both state and federal laws.
Examples of activities that may establish sufficient minimum contacts with Texas to allow the state to exercise jurisdiction over a non-resident spouse include
- Having been a domiciliary of Texas at the time the divorce suit was filed
- Texas being the last marital residence of the couple
- Filing for divorce within two years of ending the marital residence in Texas
- Intending to maintain the marriage while living in separate states and actively participating in activities to do so, such as searching for and purchasing a home in Texas or paying monthly stipends to cover living expenses in a Texas residence
- Maintaining personal possessions in a Texas residence and frequently visiting the state for holidays or other special occasions
- Engaging in intimate activities with the resident spouse while in Texas
Examples of Insufficient Minimum Contacts include
If one spouse has moved to Texas while the other has not, the court will consider if the non-resident spouse has a substantial connection to the state through their actions or conduct. This means that the non-resident spouse must have availed themselves of the privileges of living in Texas and invoked the benefits and protections of its laws.
Here are some examples where Texas courts have found insufficient minimum contacts for jurisdiction:
- Designating Texas as residence in one instance during military service was not enough to support jurisdiction.
- Unilaterally moving to Texas and subsequently acquiring real property did not support jurisdiction.
- Executing corporate functions from another locale while also operating as the manager of a Texas company was not enough to support jurisdiction over a non-resident spouse.
- Attendance at a financial or business conference in Texas nine or ten years prior was not enough to support jurisdiction.
Understanding Substantial Justice & Fair Play
Even though Texas may have sufficient minimum contacts with a non-resident spouse, the state may still choose not to exercise jurisdiction if doing so would not align with fair play and substantial justice. The court considers several factors when determining whether to exercise jurisdiction, including: the burden on the respondent, (1) Texas’s interest in the case, (2) the petitioner’s interest in obtaining convenient and effective relief, (3) the efficiency of resolving the controversy through the interstate judicial system, and (4) the shared interest of all states in promoting fundamental substantive social policies. San Antonio and Central Texas courts have generally found that distance alone is insufficient to show burden given modern transportation and communication options.
Contact Our San Antonio Divorce Lawyers
If you are evaluating your options for a divorce, you have everything to gain by contacting the experienced San Antonio divorce lawyers at Soyars & Morgan Law.
Our team will work with you to understand your specific situation and provide answers to any questions you may have about the divorce process.
We offer confidential consultations, either in person at our downtown San Antonio offices or through virtual communication. Contact us today to take the next step towards protecting your future.