Experienced San Antonio Divorce Lawyer

At least one spouse must meet certain residency requirements. The one who files for divorce in this state must have been a resident of Texas for a continuous six-month period and a resident of the county where they file for at least 90 days.

1. Petition 

You or your spouse will file a petition with the court that identifies divorcing parties and clarifies whether there are children involved and the reason for the divorce. The court cannot finalize the divorce until 60 days after the initial court filing.

2. Temporary restraining order

At the time of filing, the petitioner can request that the court issue a standard temporary restraining order to protect the parties until a final decree is issued. This restraining order may establish any combination of the following:

• Temporary possession of the residence, cars, and other assets
• Access to children and their care, including temporary child support
• The payment of bills and attorney fees
• The temporary financial support of the spouse
• Requirements that the spouses act civilly and not threaten or harass each other

3. Discovery

Each party exchanges information to determine each party’s positions and any information necessary to resolve issues to complete the divorce process, including:

• Information regarding children regarding custody, possession, access, child support, and medical support
• The value of the marital estate – property, assets, debts, etc.
• Current and future financial standing
• Determining what assets are considered community property and which are considered separate property

Texas is one of just a few states that utilize a community property system to divide marital property. Texas defines community property as any property that’s obtained during the marriage except separate property. Also, all property is considered community property unless proven otherwise. Property that’s “owned or claimed before marriage, and [property] acquired afterward by gift, devise, or descent” is considered separate property.

Even though property division grants equal ownership to the property, it doesn’t mean that everything will be divided in half. An experienced divorce attorney on your side can help you pursue a solution that lines up with your goals and priorities.

In an uncontested divorce, also known as an “agreed” or “mutual” divorce, spouses agree on most issues and can end their legal relationship with few obstacles.

• Division of the marital property
• Division of debt accrued during the marriage
• Custody of your children
• Child support
• Visitation rights for the noncustodial parent

For the issues that cannot be agreed upon, a divorce lawyer can provide divorce mediation services to help a couple reach a fair solution through a suitable, private, timely, and cost-efficient method where both parties can retain control of the outcome.

If spouses fail to agree on the terms of the divorce and divorce goes through litigation, divorce records can become very public. If you go this route, our San Antonio divorce lawyer will advocate zealously on your behalf to protect you against false claims, unfavorable legal positioning, and unfair requests. As one of the community’s most client-focused divorce lawyers around, our San Antonio divorce lawyer’s goal is to help you reach a favorable resolution to your divorce process and make the journey much more bearable than it is.

Alimony is a periodic payment, generally monthly, to support an ex-spouse. You may hear different terms throughout your divorce process, including:

• Spousal support: Payments to a spouse ordered by the court while your divorce is pending
• Spousal maintenance: Court-ordered payments as part of the final decree of divorce
• Contractual alimony: Payments agreed upon as part of a divorce settlement

Couples who opt for uncontested divorces or divorce mediation can reduce stress by examining and amicably deciding on what is fair. In a contested divorce, the decision of fairness is left up to a divorce court. Divorce courts may order spousal maintenance shown of (1) $5,000 or (2) 20% of the spouse’s average monthly gross income, whichever is less. The duration of the alimony payments is generally determined by the length of the marriage, as follows:

• If you have been married for 10 to 20 years, alimony payments will be for no more than five years.
• If you have been married for 20 to 30 years, alimony payments will be for no more than seven years.
• If you have been married for 30 years or more, alimony payments will be for no more than 10 years.

Modifications of custody and support orders in your final divorce decree can be made when there are substantial lifestyle changes for one or both parties, such as:

• Retirement
• Financial status
• Job loss
• Remarriage
• Disability
• Moving out of state
• Failure to adhere to the marriage settlement agreement
• A determination that divorce orders were unfair

Property division orders cannot typically be modified, but if you discover after your divorce that your spouse hid significant assets, consult with an attorney about your legal options. Also, see a lawyer after your divorce if your ex-spouse fails to divide property as ordered in the divorce decree.