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San Antonio Family Law Attorney

San Antonio Family Law Attorney

Jennifer Espronceda is passionate about helping Texas families with their family law issues. Whether anticipating the joys of marriage or experiencing the pain of domestic conflict, Jennifer Espronceda creates solutions.

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Prenuptial and Postnuptial Agreements

In all the excitement of planning a wedding, most couples can’t imagine a divorce. Sadly, though, it does happen. While you’re planning your new life together, it’s a good idea to consult with an experienced family law attorney. Jennifer Espronceda knows how to ensure that the needs and concerns of both partners are being met. Should circumstances change later on — such as an adoption, a new business, or any unexpected surprises — your family law attorney can draft a postnuptial agreement that keeps everyone feeling protected.

Divorce

Whether your situation is best served by litigation or mediation, Jennifer Espronceda is committed to helping you get the result you want. A family law attorney is a vital resource when working out matters of asset division or what will become of the family home. You have rights in the divorce process, and you deserve straight answers about the time frame, cost, and possible outcomes of your case. Jennifer Espronceda will help you through the process so you can move forward with life.

Child Custody

This can be one of the most difficult, even heart-wrenching, aspects of divorce. Jennifer Espronceda will advocate for your parental rights to ensure that your children are raised in a fit and caring home.

Child Visitation

If you do not have custody of your children after a divorce, a San Antonio family law attorney can be your best ally. You deserve the opportunity to see your children regularly, and Jennifer Espronceda will fight for your right not to miss out on important events, holidays, or regular overnight stays. The State of Texas believes that children flourish when they have a healthy relationship with both parents. Jennifer Espronceda thinks so, too.

Child Support

Both parents should share in the responsibility of raising children. Time and nurturing is a big part of that. Financial support is another. A San Antonio family law attorney like Jennifer Espronceda will work hard in support of your children’s right to appropriate financial support from both parents. Proper financial support is a key first step to a healthy, happy upbringing.

Spousal Support

Divorce can place a heavy financial burden on one or both spouses. Jennifer Espronceda can help establish fair and equitable spousal support. There’s no reason to live in poverty after a divorce.

Paternity

Both parents should share in the responsibility of raising children. Time and nurturing is a big part of that. Financial support is another. A San Antonio family law attorney like Jennifer Espronceda will work hard in support of your children’s right to appropriate financial support from both parents. Proper financial support is a key first step to a healthy, happy upbringing.

Enforcement Orders

What happens when the divorce is finalized and all the papers signed, but your ex isn’t holding up their end of the agreement? Jennifer can help compel the enforcement of court orders relating to child or spousal support, visitation, and more.

Child Support Modification

Circumstances can change rapidly after a divorce. One or more family members might change residence, lose a job, or get a new one. Sudden changes, accidents, or injuries should be discussed with your family law attorney to determine if a modification is in order. When needs change or the ability to pay is altered, the courts can make revisions to original agreements. Similarly, if one parent comes into money, Jennifer Espronceda can help ensure that a portion goes to the children.

Domestic Violence and Protection Orders

Being hurt or assaulted by someone you love can be frightening, upsetting, and even shocking. The fact that you lived with or loved this person doesn’t change the fact that you have the right to feel safe. Jennifer Espronceda can lead you through the steps needed to acquire legal protections against your abuser. If you’ve been wrongly accused of abuse, Jennifer Espronceda will work to make sure the courts hear your side, saving you from prosecution or even losing custody of your children.

Family Law FAQs

Q: How much child support will I have to pay?

The answer to this question is dependent on your income, the number of children involved, and the needs of each child. In addition to a monthly payment schedule, you may be responsible for the child’s insurance, educational needs, and more. Our child support page goes into detail on how to calculate child support payments.

Q: Do I have to allow visitation if my spouse doesn’t pay support?

In most cases, a non-paying spouse cannot be denied access to your child. If you think special circumstances exist, your family law question can be best addressed by your lawyer.

Q: What is covered by a prenuptial agreement?

Prenuptial agreements can cover division of property, spousal support in the event of a divorce, and all manner of topics related to your children. An experienced family law attorney should draw up the agreement and ensure that you and your future spouse fully understand it before signing.

Q: How do I keep a violent ex away from my children?

Domestic violence is a serious issue and one you should not hesitate to hire an attorney to help with. Your attorney can help you demonstrate wrongdoing to a judge, who can then issue an order keeping a violent parent away.

Q: Is there an advantage to filing for divorce before my spouse does?

This is a complex family law question. You should always consult with a divorce lawyer before racing to file. There are many options and factors to consider with divorce.

Q: What questions does a judge ask during a divorce?

If your divorce goes to court, you should expect to spend some time answering questions on the stand. While most questions will be asked by the attorneys, the judge may ask you some questions too. Usually, questions from the judge are for more clarification. Depending on your situation, the judge may ask basic background questions such as what your name is, your spouse’s name, children’s names, etc. A judge may also ask for confirmation that your marriage is irretrievably broken or that you meet any residency requirements. You may also be asked for details from the judge about anything you or your spouse could agree on as part of the divorce agreement.

Q: Who gets the house in a Texas divorce?

Texas is a community property state. Therefore, anything acquired during the marriage is part of the marriage 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. 

Q: Why moving out is the biggest mistake in a divorce?

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 strategic standpoint. 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 lawyer before making any sudden moves that could have lasting repercussions on your case.

Q: Who pays the mortgage during separation?

In Texas, your house is considered community property. If there is a mortgage on your home, it’s in your best interest that you and your soon to be ex reach an agreement on who makes the payments. You don’t want your home, which could be one of your biggest assets, to go into foreclosure as you work through the terms of your divorce. If one party is refusing to do his or her part financially, with the help of your lawyer, you could seek temporary orders from a judge.

Q: Does it matter who files for divorce first?

In Texas, the person who files for divorce first doesn’t necessarily have an “advantage” over their spouse. However, there are some possible benefits to being first to file. For example, 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 to get temporary orders protecting your child or any assets.

Q: What happens if a business is involved in the divorce?

If you and your soon-to-be ex own a business together, then its generally considered as 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. A professional appraiser may be needed to determine the value of the business.

Q: What if you have children - how is custody divided?

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 interest of the child comes first. The courts grant sole custody to one parent if theres evidence thats the best 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 call split custody (when there are at least two children, and each parent is awarded full custody of at least one of them).

Q: What factors determine custody in a divorce?

The judge will determine a number of factors to decide custody 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 to the children prior to the divorce.

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Schedule an initial phone consultation at (210) 504-1514 or contact us via our website.