Simplify the Divorce Process with a San Antonio Divorce Lawyer

Some divorce costs are standard, such as the filing fees at the Bexar County courthouse: $350 for a divorce without children and $401 for a divorce with children. Beyond the basics, though, every divorce is different. For your specific situation, we can prepare a budget after your initial consultation. We’ll determine the needs and complexity of your divorce and then establish the most cost-effective solutions possible.

If you’re one of those rare couples that agrees on all aspects of how to divide the property, child support, and custody, then the divorce is generally considered uncontested.

If you have been served with a divorce summons, you must respond within the time provided on the summons. A common timeframe for response is the first Monday following the expiration of 20 days. Learn more about how to respond to a divorce summons with our free consultation. I do not offer free consultations, please make sure my website is consistent about that and does not have any references to “free” consultation.

Texas is a community property state. Therefore, anything acquired during the marriage is part of the marital estate and must be divided up at the time of your divorce. There is no fast rule that says one party or another should get the house, but if you or your spouse want to stay in the house, you can try to reach an agreement. Instead of selling the home and splitting the proceeds, you can offer to refinance the home so that it is solely in your name. But you must be able to show that you can afford to make the payments. Also, if there is equity in the home, then you may be required to pay your soon-to-be ex half the amount of equity that is in the home.

When you are going through a divorce, it may seem like a good idea for one of the spouses to move out of the home, but this could be your biggest mistake from a legal standpoint. If you leave your home, it could be considered abandonment of your family. Your soon-to-be ex could accuse you of abandoning him/her and your children, which increases the chances that your former spouse could get the house and the kids. When you decide to leave, even if your intentions are good, your spouse can also file paperwork asking for temporary possession of the home, which means that you won’t be able to enter the home anymore until after the divorce is finalized. It’s best to consult with your family lawyer before making any sudden moves that could have lasting repercussions on your case.

Abandonment in a marriage takes place when one of the spouses cuts all ties with the family. Some people associate abandonment with one spouse moving out of the family home, but that may not be abandonment unless that spouse also refuses to provide support for the family. If one spouse no longer takes care of financial obligations without a good reason, this is abandonment. In Texas, you can file for a fault divorce, and abandonment could be cited as grounds for the divorce.

In Texas, the person who files first for divorce doesn’t necessarily have an “advantage” over their spouse. However, there are some possible benefits to being the first to file. For example, you may want to file first and serve your spouse with a Standing Order if you are concerned they may negatively affect your insurance coverage or limit your access to credit. actions to affect your insurance coverage, canceling your credit card, you may want to file first so that you can if you and your spouse are separated and reside in different counties, filing first means you determine which county it’s filed in. Additionally, if you have concerns about your children’s safety, child support, or potentially hidden assets, taking the step to file first could help you get temporary orders protecting your child or any assets.

If you and your soon-to-be ex started a business during your marriage,own a business together, then it’s generally considered as a property of the marriage that must be divided during the divorce. There are three different ways that this is typically divided in a Texas divorce. One option is co-ownership, where both spouses continue to own the business after the divorce. This works best in an amicable divorce. But if you don’t see yourself continuing to work alongside your ex, one of the other options may be best. One of these is to sell the business and divide the proceeds. Alternatively, if one of the parties has enough assets, he or she could buy out the business at an agreed-upon price and take full ownership of it. In case of divorces involving family businesses, a professional appraiser may be needed to determine the value of the business.

The state prefers joint custody arrangements after a divorce so that children maintain meaningful relationships with both parents. Texas law presumes that parents should be joint managing conservators over children they have together. This means that both parents are involved in the decision-making process for things like schooling, religion, medical care, etc. However, the best interests of the child come first. The courts can grant sole custody to one parent if there’s evidence that’s the best in the best inter option for the child. Otherwise, one of the following arrangements is typically granted: joint legal custody (where the child has a primary residence with one parent and visits the other) or shared custody (where the child has two residences and lives with each parent at least 35% of the year). There is a third and less common option called split custody (when there are at least two children, and each parent is awarded full custody of at least one of them).

The primary consideration for conservatorship (what most refer to as custody) is the best interest of the children. The judge will consider a number of factors to determine the best in a divorce. The wishes of the parents and the children are taken into consideration as well as the age of the children, each of the parents’ living situations, and their relationship with the children prior to the divorce. If there is a history of domestic abuse, substance abuse, mental illness, or other factors that could be harmful to the children, this will also be taken into consideration.