Entering a new year often brings a sense of clarity. For many in Texas, that clarity involves the difficult decision to end a marriage. As we move into 2026, the legal landscape and the practical steps for dissolution continue to evolve. If you are considering this path, preparation is your most effective tool for protecting your future, your children, and your assets.
At The Law Firm of Joseph Lassen, we understand that this is likely one of the most stressful periods of your life. While the emotional weight is heavy, the logistical side requires a steady hand. Working with a San Antonio divorce attorney early in the process can help you avoid common pitfalls and ensure you are positioned for a fair outcome.
Why Early Preparation Matters for Divorce in 2026
Divorce is not merely a legal filing; it is the deconstruction of a joint life. In 2026, digital assets, complex retirement accounts, and shifting real estate markets in Bexar County make the process more detailed than ever.
By the time you search for a “divorce lawyer near me,” you should ideally have a foundation of information ready. Early preparation allows you to:
- Protect your credit score before joint accounts are frozen or misused.
- Gather evidence of separate property that belongs only to you.
- Establish a parenting plan that prioritizes the stability of your children.
- Minimize legal fees by having your documentation organized for your San Antonio family lawyer.
Choosing a San Antonio Divorce Lawyer for Your Divorce Proceedings
Choosing the right representation is the first major decision you will make. You need a San Antonio divorce lawyer who understands the local courts and the specific judges in Bexar County, TX.
Searching for the Right "Divorce Lawyer Near Me"
When searching for a “divorce lawyer near me,” look for a family law firm that prioritizes clear communication and a strategy tailored to your specific needs. Whether your case involves a high-conflict custody battle or a high-net-worth estate, a San Antonio divorce lawyer should be someone you trust to handle sensitive financial and personal data.
The Role of a San Antonio Divorce Attorney
A San Antonio divorce attorney does more than just file paperwork. They act as a buffer between you and your spouse, negotiate on your behalf, and ensure that all filings comply with the Texas Family Code. In 2026, staying updated on recent case law regarding “no-fault” vs. “fault-based” divorce is essential, and a dedicated divorce attorney will guide you through these options.
Understanding Texas Child Custody in 2026
For parents, the most significant concern is the well-being of their children. Texas law focuses on the “best interests of the child.” In child custody cases, the legal standard in San Antonio will shift toward more balanced involvement for both parents from the start of a case in 2026.
Expanded Standard Possession is the New Norm
As of recent updates to the Texas Family Code, the Expanded Standard Possession Order (ESPO) is now the default schedule when parents live within 50 miles of each other. This means that instead of a traditional “every other weekend” schedule, the noncustodial parent typically has possession starting on Thursdays when school lets out and ending when school resumes on Monday mornings.
Equal Parenting Orders
Courts are increasingly open to “Equal Parenting Orders,” where parents share nearly equal time with the child. A San Antonio family lawyer can help you determine if this rebuttable presumption is appropriate for your family’s specific situation, taking into account work schedules and the child’s school needs.
Navigating Child Support Guidelines in 2026
In 2026, child support calculations in Texas follow a specific formula based on the “net resources” of the paying parent. It is important to know that the state recently increased the income cap used for these calculations.
The 2026 Income Cap
Texas has raised the maximum net monthly resources cap to $11,700. If the paying parent earns more than this amount, the court typically applies the guideline percentages only to the first $11,700. For one child, this results in a monthly support amount of $2,340 (20%).
Guideline Percentages
Number of Children | Percentage of Net Resources |
1 Child | 20% |
2 Children | 25% |
3 Children | 30% |
4 Children | 35% |
5+ Children | 40% |
If you are seeking a modification of an older order, a divorce lawyer from The Law Firm of Joseph Lassen can help you determine if the new cap entitles you to an increase in support.
Spousal Support (Alimony) Requirements
In Texas, “alimony” is officially referred to as spousal maintenance. Unlike some other states, Texas has very specific and strict requirements for court-ordered support.
Eligibility Criteria
To qualify for spousal maintenance in 2026, you generally must show that you lack sufficient property to meet your “minimum reasonable needs” AND one of the following must apply:
- The marriage lasted 10 years or longer and you lack the ability to earn sufficient income.
- There was a conviction or deferred adjudication for family violence within two years of filing.
- You have an incapacitating physical or mental disability.
- You are the primary caretaker of a child with a disability that prevents you from working.
Duration and Amount Limits
The law caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is also limited based on the length of the marriage, typically ranging from 5 to 10 years unless a disability is involved.
Division of Assets and Community Property
Texas is a community property state, which means the law presumes that all assets and debts acquired during the marriage belong to both spouses. However, the court does not always split everything 50/50.
The "Just and Right" Standard
Instead of a strict mathematical split, San Antonio judges look for a “just and right” division. Factors that can influence this include:
- Disparity in earning power between spouses.
- Who has primary custody of the children.
- Fault in the breakup of the marriage (such as adultery or cruelty).
- The health and age of each spouse.
Protecting Separate Property
Property you owned before the marriage, or items received as a gift or inheritance, are considered separate property. The burden is on you to prove the separate nature of these assets through “clear and convincing evidence.” A San Antonio divorce lawyer from our family law firm will often work with financial professionals to “trace” these funds if they have been mixed with marital bank accounts.
Financial Preparation: The Paper Trail
To protect your interests during asset division, you must document everything. Before you meet with a divorce lawyer, try to compile the following:
- Income Records: Pay stubs, tax returns from the last three years, and business profit/loss statements.
- Real Estate: Deeds, mortgage statements, and recent appraisals for your home in San Antonio.
- Financial Accounts: Statements for checking, savings, 401(k)s, IRAs, and brokerage accounts.
- Digital Assets: Documentation of cryptocurrency holdings or digital storefronts.
Secure Your Personal Finances
If you do not have an individual bank account, open one now. While you should not hide assets from the court, you do need a way to pay for your living expenses and a San Antonio divorce attorney without your spouse monitoring every transaction.
The Digital Landscape of a San Antonio Divorce
In 2026, your “digital footprint” is a major factor in legal proceedings. Social media posts, text messages, and even location data from smart devices are often used as evidence.
Social Media Caution
Anything you post can be discovered. Avoid posting about:
- New large purchases.
- New romantic relationships.
- Negative comments about your spouse.
A divorce lawyer will tell you that even “deleted” posts can often be recovered. The best policy is to stay off social media entirely until your case is finalized.
Common Mistakes to Avoid During a Divorce in San Antonio, TX
Even with a great San Antonio divorce lawyer, you can damage your case by making impulsive decisions.
- Hiding Assets: This is easily discovered during the “Discovery” phase and can lead to the judge awarding more of the community property to your spouse as a penalty.
- Ignoring Court Orders: If a judge issues temporary orders regarding custody or child support, follow them to the letter.
- Using Children as Messengers: This is frowned upon by San Antonio courts and can negatively impact your custody standing.
Why Choose a Divorce Lawyer from The Law Firm of Joseph Lassen?
Navigating the Bexar County court system in Texas requires local knowledge and a strategic approach. Divorce attorney Joseph Lassen provides the steady guidance needed to move from a place of uncertainty to a new beginning. We focus on clear communication and practical solutions for families in San Antonio.
San Antonio divorce attorney Joseph Lassen understands that every family is different. We look at your financial goals, your relationship with your children, and your long-term needs to build a case that works for your future in 2026 and beyond.
Common Questions About San Antonio Divorce
1. How long does a divorce take in San Antonio, TX?
In Texas, there is a mandatory 60-day waiting period from the date the petition is filed. For an uncontested divorce where both parties agree, you could finish shortly after the 61st day. However, contested cases involving custody or complex assets often take 6 to 12 months.
2. Do I have to prove my spouse did something wrong to get a divorce?
No. Texas is a “no-fault” state, meaning you can file based on insupportability—essentially stating the marriage can no longer be supported due to discord or personality conflicts. While you can file on fault grounds like adultery or cruelty, it is not required to end the marriage.
3. What are the residency requirements for Bexar County?
To file for divorce in San Antonio, TX, at least one spouse must have lived in Texas for the last six months and in Bexar County for the last 90 days.
4. Can I change my name back during the divorce?
Yes. Your San Antonio divorce attorney can include a request for a name change in the petition. Once the judge signs the Final Decree of Divorce, you can use that legal document to update your ID, social security records, and bank accounts.
5. How much does a divorce cost in San Antonio, TX?
The cost varies based on the complexity of the case. Uncontested divorces with a divorce lawyer typically cost between $1,500 and $5,000. Contested cases involving trials or extensive discovery can range from $5,000 to $30,000 depending on the hours required.
Are You Searching for a “Divorce Attorney Near Me?” Contact Us for a Free Consultation with a Skilled San Antonio Divorce Attorney.
The transition into 2026 doesn’t have to be defined by chaos. With the right San Antonio divorce attorney, you can approach your divorce with a plan that protects your rights and your peace of mind.
If you are searching for a “divorce attorney near me” to review your situation, reach out to our family law firm. We are here to help you navigate the complexities of Texas family law and move toward the next chapter of your life with confidence.
Contact The Law Firm of Joseph Lassen today to schedule a free consultation with a dedicated San Antonio divorce lawyer.
