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Bexar County Divorce Attorney
How to file for divorce in San Antonio, TX?
When you and your spouse decided to get married, you probably did not expect that your marriage would one day come to an end. Marriage is a serious commitment made by those who love each other and wish to live as partners for many years to come. However, even though couples usually plan to stay together "till death," there are many cases where marriages do not last that long. Those who encounter relationship issues or who decide for other reasons that they no longer want to be married may decide to pursue a divorce. If you are in this situation, you will want to make sure you take the right steps to protect yourself and ensure that you will have the resources you need to move forward into the next phase of your life.
At Brandon Wong & Associates, we understand how difficult it can be to contemplate the end of your marriage. The emotional struggles that come with the end of what was meant to be a permanent partnership can be difficult enough, and when added to the legal and financial concerns that come with dissolving your partnership with your spouse, you can easily become overwhelmed. When you work with us, we will thoroughly review your situation, and we will personally handle every aspect of your case. We will always suggest methods to help you minimize conflict and keep your case out of court, whenever possible. Our goal is to help you complete the divorce process as easily and efficiently as possible while ensuring that your rights and interests will be protected.
Legal Assistance With Divorce-Related Issues
We will provide experienced guidance and strong representation throughout the divorce process, advising you on the legal concerns that you will need to address, the laws that apply to you, and your options for resolving disputes with your spouse. We can assist with both uncontested and contested divorce cases, including providing representation if you are participating in court-ordered mediation. While we believe in helping our clients find amicable solutions whenever possible, we are fully prepared to take your case to court and advocate on your behalf during a divorce trial. We will help you understand the best approach to take as you address matters such as:
- Property division- We can help you understand the difference between community property and separate property, and we will work to help you reach a settlement that will allow you to maintain ownership of items that are important to you while also ensuring that you will have the financial resources you need to support yourself.
- Spousal support - In some situations, one spouse may receive ongoing support payments from the other spouse, which are sometimes referred to as spousal maintenance or alimony. We can help you understand whether this form of support may be a factor in your divorce, and if so, we will ensure that the amount and duration of payments will be determined correctly.
- High net worth divorce- In cases where couples own significant assets, either together or separately, or where one or both spouses earn a high income, multiple types of financial issues may need to be considered. We can assist with complex property issues, including business valuation and division of real estate or retirement accounts, and we can also address issues of financial support that may apply for high income earners.
- Military divorce - Members of the military or their spouses may need to address unique issues during the divorce process related to deployment, military benefits, or other legal or financial factors.
- Child custody and child support - If you have children together with your spouse, you will need to make decisions about how you will share both legal and physical custody. We can advise you of your rights and help you determine the best solutions that will allow you to maintain close relationships with your children while meeting their ongoing needs. We can also ensure that child support obligations will be established correctly, including addressing children's expenses.
Divorce FAQs
Answer: After filing for a divorce, the minimum time period in Texas to finalize the divorce is 60 days. However, unless the divorce is uncontested, that time frame is unrealistic in most cases.
Answer: An uncontested divorce may be possible when both parties agree on all issues required to end the marriage. Generally, these issues relate to property division, payment of debts, and, if there are minor children, child support, child custody, and a possession schedule. The major benefits of an uncontested divorce are speed, efficiency, and lower costs.
Answer: In Texas, there are mandatory filing fees that must be paid in order to get divorced, and these vary by county. In addition to the filing fees, your attorney's fees will vary depending on the circumstances. There are a number of different factors that can affect the cost of the divorce, some of which will be beyond your control or your attorney's control. For example, the behavior of the other spouse or their attorney can either increase or minimize the costs of the divorce.
Answer: While it is correct that Texas is a community property state, depending on the facts and circumstances of the case, the judge has the ability to make an unequal distribution of the community property. An attorney can help you determine whether the facts in your case are likely to warrant an unequal distribution of property. Additionally, it is not always simple to determine the value of the marital estate without the assistance of an experienced attorney.
Answer: Sometimes, parties will go into the divorce process with an idea or agreement on how issues related to their children will be addressed, such as which parent the children will stay with, the amount of child support that will be paid, how matters related to children's education will be handled, and a visitation schedule. If that is the case, the agreement of the parties will usually be incorporated into the divorce. However, if the parties cannot come to an agreement regarding the children, the judge will look at the facts and the "best interests of the child" when determining conservatorship, possession, child support, and the exclusive right to determine the residence of the child.
Answer: When determining how physical custody of children will be handled, Texas law provides a standard schedule that is presumed to provide a parent with a minimum amount of reasonable time with their children. The requirements of the Standard Possession Order (SPO) can be found in Chapter 153 of the Texas Family Code. The SPO is a basic possession order that the parties can use as a starting point for possession and access discussions. Even if the SPO is included in the divorce, the parties can agree to additional periods of possession.
Answer: There are many differences between spousal maintenance and contractual alimony. The intent of spousal maintenance is to help a spouse acquire education and employment that will allow them to become financially self-sufficient. Spousal maintenance should be viewed as rehabilitative in nature in that it is limited in the amount ($5,000 monthly) and duration (10 years) that may be ordered. Spousal maintenance can also be modified, terminated, and enforced via contempt through a court order.
Contractual alimony must be agreed to between the parties in a divorce settlement, and the court has no authority to order contractual alimony. The benefits of contractual alimony are:
- The parties can determine the amount.
- There are no restrictions on the amount or duration of the payments.
- The amount cannot be modified except by agreement of the parties.
When deciding between spousal maintenance and contractual alimony, it is important for the parties to understand the differences between the two options.
Can I Get Legally Separated From My Spouse? If We Have Been Separated or Living Apart for a While, Are We Divorced?
Answer: The short answer is no, because Texas does not recognize legal separation. The rules concerning community property will remain in place during the separation. However, if the parties do not want to get a divorce, Texas does allow for the parties to enter into a separation or partition agreement in which the parties can deal with community property and other issues that may arise.
Contact Our San Antonio Divorce Attorneys
Our team has training in dispute resolution, as well as extensive experience forging solutions between divorcing spouses who thought would not be able to work out their issues amicably. No matter the complexity of your case or the level of hostility between you and your spouse, we can help you find the best solutions to the issues you are facing. To arrange a consultation and get the legal representation you need during your divorce, contact us at 210-201-3832.
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
315 Dwyer Ave, San Antonio, TX 78204
210-201-3832
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