Schertz Divorce Lawyers

texas-divorce-lawyers

Schertz Divorce Lawyers

Legal challenges arising during a divorce are very often unique and complex, demanding individualized representation. Our Schertz divorce attorneys at Soyars & Morgan Law are dedicated to delivering trustworthy legal counsel with empathy during such a difficult time.

Financial concerns, child custody battles, and complex property division are just a few of the complications that our team of experienced lawyers is prepared to handle. By collaborating closely together, we are able to strengthen your position, safeguard their interests, and provide the assurance you need to take the next step.

CONTACT OUR SCHERTZ DIVORCE LAWYERS

Individualized Legal Services from Divorce Attorneys in Schertz

We feel that each client merits individualized care and counsel. Our Schertz divorce attorneys take the time to comprehend each client’s unique requirements and circumstances, designing individualized legal strategies designed to achieve their objectives. Whether you’re going through a large asset divorce or suffering with child support concerns, we’re here to assist.

Through this stressful time, you can rely on Soyars & Morgan Law to provide you with the required assistance and support. Our Schertz divorce attorneys are committed to guiding clients through the process of divorce with empathy, skill, and professionalism. Call us immediately to book a consultation and obtain more information about our services.

Schertz Divorce Attorneys: Case Varieties

Our professional Schertz divorce attorneys handle a variety of challenging divorce issues, including all the following:

Contested Divorce

When dealing with a contested divorce, the divorce procedure can be particularly complex and daunting. Let Soyars & Morgan’s experienced divorce attorneys in Schertz defend your rights to your property. We handle very complicated divorce situations, such as high-conflict divorces with a manipulative spouse or divorces when one spouse is accused of a crime while the divorce is underway.

High Net Worth Divorce

If you have a considerable marital or separate estate, you may want to take further precautions to minimize collateral repercussions and defend your net worth. Our divorce attorneys in Schertz collaborate with a team of specialists, including tax professionals, forensic accountants, etc., to guarantee that your investments are safeguarded and you receive the best possible divorce outcome.

Divorce with Children

If you are going through a divorce and child custody concerns arise, you might be confronted with critical choices regarding your children. Choosing a knowledgeable and attentive divorce attorney in Schertz can allow you to foresee complications and avoid unwelcome shocks for your family. Whether you are seeking sole or joint custody, we can assist you in navigating the child custody procedure.

Divorce with Business

If you’re the owner of a professional or other privately held firm, this can complicate your divorce proceedings. Splitting these sorts of assets sometimes necessitates the assistance of extra professionals and seasoned divorce attorneys with innovative ideas on how to create a partition of the marital estate in Texas that safeguards the integrity and potential earnings of your corporation.

Uncontested Divorce

If both you and your partner can reach an agreement on all or the majority of concerns, you will be successful in getting an easy and inexpensive divorce. But, you will nevertheless require the assistance of an attorney to file the relevant documentation to the courts and complete the requisite forms in order to transfer your property correctly. If you’re seeking a simple divorce, call our experienced Schertz divorce attorneys to explore how we can guide you through the uncontested divorce process.

Military Divorce

There are many military families throughout Texas. Child custody and retirement benefits, which must be handled during a military divorce, can complicate the divorce procedure. Please call our Schertz divorce attorneys if you or your partner is a service member so we can explore how we may assist you in obtaining an economical military divorce.

CONTACT US

Why Soyars & Morgan Law?

  • Connect to our legal team directly. Our Schertz divorce attorneys work diligently to provide timely responses to each client. You will also have ready access to our staff of divorce attorneys so that you may obtain the answers you want when you require them.
  • Disclosure. Transparency and honesty are crucial to establishing trust with your attorney. You will constantly be informed of the status of your case at every stage.
  • Tailored approach. Our staff recognizes that no two instances are identical. Your approach will be personalized to your and your family’s objectives. Soyars & Morgan Law handles your case from beginning to end.

When you engage Soyars & Morgan Law, you can be confident that we are fully equipped to handle your case. Let our divorce attorneys in Schertz to assist you in addressing your legal difficulties.

Meet Our Schertz Divorce Lawyers

jodi-soyars-soyars-and-morgan-law
Contact Jodi Soyars

“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-ozuna-family-law-attorney
Contact Carla Ozuna

“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

Is legal separation allowed in Texas?
 

The state of Texas does not acknowledge legal separation. You may be unmarried, married, or divorced. Often, our Schertz divorce attorneys are asked whether a person may get a “legal separation” from their marriage. Texas does not recognize “legal separations,” but other states do. Until the court approves a formal judgment of divorce, you will still be considered married in Texas, with all the responsibilities and privileges that marriage involves. Unless a definitive divorce decree is reached, the Texas community property rules will continue to apply to any assets owned by either spouse during the separation.

Throughout the divorce procedure, am I allowed to conceal funds from my spouse?   Most counties in Texas have standing orders prohibiting and discouraging spouses from doing so. Before filing for divorce, you should consult an experienced Schertz divorce attorney. Before filing for divorce, you should seek counsel on how to handle your financial condition. If you have already filed for divorce and want to safeguard specific assets, our Schertz divorce attorneys may petition the court for authorization to protect the asset while the divorce is underway.
What will occur if I learn my partner has been cheating?  In Texas, adultery may be utilized to get a divorce based upon fault. If your divorce is allowed on the basis of fault, the court might use this to justify an uneven distribution of the communal property.
SCHEDULE YOUR STRATEGY SESSION TODAY
How can I safeguard assets obtained prior to marriage?  Premarital property is regarded as independent and does not form part of the common estate. The court is barred by the Constitution from distributing separate property to the divorcing spouse. Yet, the amount of a spouse’s separate assets might be used to justify an unequal split of the communal inheritance. The court cannot intervene with a spouse’s ownership stake in separate property, but it can alter the split of the common estate and justify an unequal division. The spouse claiming the property as his or her separate property bears the burden of proving that the item was (1) obtained before the marriage, (2) received as a gift or (3) inherited.
military-dad-hugging-his-kids

Is a military divorce allowed in Texas? If you or your partner work in the U.S. Military Forces or United States or Texas services, you may be eligible to apply for divorce in Texas under 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 regarded as 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.
In Texas, can a non-citizen apply for divorce? Yes, a non-citizen may be regarded as a Texas resident for the purposes of bringing or maintaining a divorce action if they plan 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 in order to issue a divorce. Yet, the opportunity to petition for divorce in Texas may be limited if your spouse has insufficient minimal connections with the state for Texas to have jurisdiction.
Am I expected to serve my spouse with the divorce papers myself?
 No, unless the spouse waives service of process, Texas mandates that you have someone (other than yourself) directly serve your spouse with the divorce petition. The spouse can only waive serving of process after the divorce action has been filed. Unless the individual executing the waiver is jailed, it must be notarized. If you and your spouse are cooperating to achieve a divorce, this is always a positive sign; nonetheless, you should hire a Schertz divorce attorney to ensure that the paperwork is completed correctly. In many cases, uncontested divorces can be accelerated by having an attorney create the required documentation, eliminating delays and obstructions.
CONTACT OUR SCHERTZ DIVORCE LAWYERS
Can I obtain an informal divorce or a divorce? While partners can be married informally through common law marriage, they are not able to be divorced informally or by common law. In Texas, the only way to seek a divorce is through obtaining a court decree. In Texas, there is no informal or common law divorce.
Can I get a no-fault divorce in Texas? Yes, Texas allows no-fault divorces. Not all states allow no-fault divorces. A Texas court can grant a no-fault divorce for a marriage that was entered into in a sister state that does not recognize no-fault divorces. However, the parties must still meet the other qualifications to file a divorce in Texas in order for Texas to have jurisdiction to grant a no-fault divorce.
Can I obtain an uncontested divorce in Texas? Yes, Texas permits faultless divorces. Not every state permits no-fault divorces. A Texas court can give a no-fault divorce for a marriage that’s been registered within a sister state that does not accept no-fault divorces. In order for Texas to have jurisdiction to award a no-fault divorce, however, the parties must also complete the other requirements for filing a divorce in Texas.
What is the distinction between a no-fault and a fault-based divorce? A no-fault divorce permits the parties to seek a divorce without establishing that one spouse was at blame for the dissolution of the marriage. In Texas, a no-fault divorce may be granted for (1) insupportability, (2) living apart for at least three years without cohabitation, or (3) imprisonment in a mental hospital for at least three years. A no-fault divorce permits spouses to obtain a divorce without disclosing squalid and odious details about the other spouse’s behavior.
Moreover, Texas authorizes divorces based on fault, which means that one spouse was at fault for the dissolution of the marriage. The following fault reasons are recognized in Texas: cruelty, adultery, felony conviction, and abandonment. In Texas, fault grounds, if proven, are used to acquire a larger portion of the communal estate and to determine the amount, duration, and manner of any spousal maintenance payments.
LET US HELP YOU
How do I know if I am able to file for divorce in Texas? A Texas court may issue a divorce if the following conditions are met:

  1. One spouse qualifies as a Texas resident
  2. A non-resident is subject to personal jurisdiction of the court.
  3. The divorce petition is submitted in the right county.
  4. Subject matter jurisdiction exists.
What should I do if my partner requested a divorce in Texas by mistake? In Texas, you must file a Special Plea in Abatement if you believe that a divorce action has been filed against you in error (not a motion to transfer). If you fail to do so, you may “avail yourself” of the Texas Court’s jurisdiction and be forced to defend a divorce in Texas despite having little (if any) actual interaction with the state. In this situation, it is advisable to engage an experienced Schertz divorce attorney to ensure that you do not become mired in a Texas divorce battle.
Which county in Texas can I submit a divorce petition? Before filing for divorce in a county in Texas, a spouse must have lived there for at least 90 days. For a county to constitute as a person’s residence, the individual must be present physically and residing there. A spouse may have residences in multiple counties. Brief vacations from the county do not interrupt an established residence’s continuity. For a party to establish residence in a second county, the residence must be (1) a fixed place of residence in the party’s possession, (2) occupied or expected to be occupied regularly for an extended length of time, and (3) permanent as opposed to temporary.

When a divorce can be requested in more than one county, the court where it was filed initially will have primary jurisdiction. This is commonly known as the “first-to-file” advantage. If you are contemplating divorce and there are other appropriate counties that qualify to hear the divorce, do not procrastinate in filing, or you may find yourself defending a divorce action in a venue/county that is inconvenient.

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

In my divorce case, does Texas have total jurisdiction over my spouse?

Can I obtain a divorce in Texas if my spouse resides in another state?
In some cases. Texas needs personal jurisdiction over your spouse, which means that your spouse must have had a minimum amount of interaction with Texas in order for Texas to be able to enforce a court judgment. Your spouse cannot obtain a divorce in Texas if they have no ties to the state.
Among the factors that may grant Texas jurisdiction over a non-resident spouse are the following:
  1. Your spouse is served with legal documents while in Texas.
  2. Your spouse waives service of process and consents to the Texas divorce proceeding.
  3. Your spouse appears in court and does not contest the jurisdiction of Texas.
  4. Your spouse has had minimal contacts with Texas sufficient to satisfy the Texas and Federal constitutions’ fair-play requirements for due process.
Examples of sufficient minimum contacts include
  1. Whether or not the spouse had a Texas residence at the time the divorce action was filed.
  2. Texas is the final marital home.
  3. The divorce action is filed within two years of the demise of the marital residence.
  4. If the spouses intended to maintain their marriage in Texas while residing in separate states, they would be required to obtain a Texas marriage license.
  5. Non-resident spouse participated in home search and acquisition in Texas.
  6. While living in a Texas condominium, the non-resident spouse paid the resident spouse a monthly stipend to cover utilities and mortgage payments.
  7. The non-resident kept personal belongings in Texas.
  8. The non-resident spouse frequently visited Texas for holidays and their wedding anniversary, as well as for “intimate” visits.
Examples of Insufficient Minimum Contacts may include but are not limited to
When one spouse has relocated to Texas but the other has not, the court considers whether the non-relocating spouse took advantage of the privilege of conducting activities in Texas and invoked the benefits and protections of Texas law. A substantial connection must exist between the nonresident and Texas as a result of the nonresident’s action or conduct. One spouse cannot, solely through actions in which the other spouse does not participate, create the contacts between Texas and the non-resident spouse required for personal jurisdiction over the non-resident spouse’s objection.

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. Moving to Texas unilaterally and acquiring property did not establish jurisdiction.
  3. Corporate functions performed abroad while serving as a manager for a Texas-based company did not establish jurisdiction over the non-resident spouse.
  4. Attendance at a business convention in Texas nine to ten years prior was insufficient to establish jurisdiction.
Equality and Substantial Justice
Even if Texas determines there are sufficient minimum contacts, it may still decline to exercise jurisdiction if doing so would be inconsistent with fair play and substantial justice. The court considers the following factors: (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 advances in transportation and communication, courts in San Antonio and Central Texas have determined that the distance between Texas and the respondent is typically insufficient to demonstrate burden.
MOVE FORWARD WITH CONFIDENCE

Call Our Schertz Divorce Lawyers

If you are prepared to move forward, contact our Schertz divorce attorneys to schedule a confidential consultation.

Our team at Soyars & Morgan Law will investigate your case in detail, discuss your concerns, and respond to any pressing questions you may have about the divorce procedure.

Our downtown San Antonio offices are conveniently located for in-person meetings. Prefer virtual communication with us? We are happy to “meet” with you via phone or videoconference.

Contact us to schedule your initial consultation today!