San Antonio Divorce and Family Law Attorney
Experienced Trial Lawyer
The decision to divorce your spouse is never an easy one. There are many issues that will need to be resolved including division of property, spousal support, child custody, child support and visitation. These are often highly emotionally charged issues which will need to be looked at as objectively as possible to help the process run more smoothly. As a lawyer, I will give you quality legal representation at a time when you need it most. As a woman who has been through divorce, I know first hand how difficult divorce can be and will treat you with the respect you deserve while guiding you through every step of the divorce process.
A divorce is the legal method for terminating a marriage contract between two people. In Texas, we have what is known as “no fault” divorce. This means that a divorce can be granted without either party having to show fault for the breakdown of the marriage. A no fault divorce can be obtained by either party even if the other spouse does not consent to the divorce. Texas does have several grounds for fault based divorces. A fault based divorced can be brought for adultery, abandonment, incurable insanity, felony conviction and imprisonment, or cruel and inhumane treatment. You would typically choose a fault based divorce if you want the courts to consider fault when dividing community property. If you need help deciding which type of divorce you should file, contact me by phone or email to discuss your specific situation.
Property is divided in Texas using the community property system. Property is classified under two categories: separate or community. Separate property is defined as:
- property owned/acquired before marriage
- property gifted or inherited to a spouse at any time
- some personal injury settlements acquired by a spouse
- and any property exchanged for any of the above items
All other property obtained during the marriage consists of community property. The Texas law demands that the property be divided “in a manner that the court claims just and right, having due regard for the rights of each party and any children of the marriage.” It is important to keep in mind that this does not necessarily mean the property will be divided equally. This is therefore one of the most contested areas of divorce. You need to keep a cool head and obtain competent legal counsel when facing property classification and division issues.
Ending one’s marriage is an enormously difficult decision wrought with charged emotions and stress. If you have children, you know full well they are feeling the stress of the situation as well. At a time like this you need the help and wise counsel of a lawyer that cares and understands what you are going through. As your lawyer, I can help you to safe ground, where reasonable decisions can be made in order to expedite this painful process. I will make your needs my first priority and will be available to answer any questions you may have. I will listen carefully to your concerns and desires and guide you towards making decisions that are best for your specific situation. Call or email my office as soon as possible to start getting your life back on track.