San Antonio Divorce Lawyer

Protecting Your Rights During the Divorce Process

When your relationship with your spouse has come to an end, divorce is the next logical step. Even if you and your spouse both agree to a divorce, there may be terms in the divorce settlement that you want to discuss. Having a divorce attorney on your side is the best way to protect your rights and establish a divorce agreement that meets your needs.

Divorce can be a difficult step, but one that’s necessary to move on and start a new chapter in your life. The Hicks Law Firm is here to support your every need, walking you through divorce proceedings and agreements so you feel advocated for and respected. We are confident that we can help you with your divorce case. For more information and to receive a free 20-minute initial consultation, call 210-985-8330 today.

What is the Divorce Process in Texas?

Like most legal matters, there are specific steps you need to take to file for divorce in Texas. Our law firm can help you out with every step so you can focus on your emotions during this trying time.

Some key steps in the divorce process include:

Ensuring you meet the residency requirements. To file for a divorce in Texas, either you or your spouse must have lived in the state for the last six months.
Establishing the grounds for divorce.
Dividing your assets and your property.
Establishing child custody and child support payments.
Negotiating spousal support payments.
Agreeing on all the terms of divorce with your spouse.
Submitting your divorce documentation to the court.
Attending a court hearing for a contested divorce, if necessary.

Every step of the process must be done correctly and with the proper paperwork. Missing a step or a deadline could cause delays, extending the divorce process even further. Having a divorce lawyer on your side right away lets you complete the process faster and without as many obstacles.

How Long Does Divorce Take in Texas?

In Texas, there is a mandatory 60-day waiting period for a divorce after the divorce petition is filed. The fastest a divorce can take is 61 days. However, the average divorce takes between six months and one year to be resolved completely.

The amount of time your divorce will take depends on several factors. For instance, a high-asset divorce could take longer, as couples may debate about how to divide property and other marital items. Disputes over children or spousal support can also elongate the process.

If your divorce involves domestic abuse or family violence, our law firm can help you ask the court to modify the waiting period and finalize your divorce quickly. Reach out today if you have questions about your divorce and how long it could take.

What Are the Grounds for Filing for Divorce?

When you file a divorce petition, you will be asked why you are filing for divorce. Texas is a no-fault state, meaning you can file for a no-fault divorce. No-fault means that there are no wrongdoings from either spouse and that each party agrees that the marriage needs to end.

If there is a specific reason you are filing for divorce, you can note any of the following:

Abandonment for at least a year
Cruelty
Adultery
Living apart for at least three years
Confinement in a mental hospital
Felony where a spouse is imprisoned for at least one year
Insupportability

Writing a reason for the divorce could help you obtain more assets or speed up the divorce process. However, you may be asked to provide evidence of your reasoning in court if your spouse contests it. Our law office will help you decide how to file if you are unsure.

How Are Assets Divided During a Divorce?

You and your spouse have likely acquired assets during your marriage. Splitting up marital property is a significant concern for many people. Texas is an equitable distribution state, meaning each spouse will get a fair share of the assets, but not necessarily 50% of them.

Assets are categorized in the following ways:

Community Property

Most assets that are obtained during the marriage are considered community property. Community property means that both spouses can claim ownership. These assets will generally be split up evenly.

Community property often includes real estate, vehicles, investments, retirement accounts, and more.

Separate Property

Separate property is any property that one spouse already owned before the marriage. It can also include gifts that only one partner received, inherited property, and settlements from a personal injury case. Separate property is generally not split between spouses and remains with the original spouse who owns it.

Division of property is often a point of contention for many couples. Mediation and negotiations can help you advocate for the property that is rightfully yours. For instance, if one spouse makes significantly less income than the other spouse, they could claim more of the community property in the divorce.

Should You Contact a San Antonio Divorce Attorney?

Even an uncontested, collaborative divorce can be overwhelming and stressful. Working with a divorce and family lawyer ensures that your wishes are respected and that your rights are protected. Our divorce attorney will work with you every step of the way, helping you fill out paperwork, negotiate with your spouse, and come to a resolution in a timely manner.

The Hicks Law Firm is here to offer divorce services for men and women. We can help you during litigation, legal separation, and more. To learn more about our services and receive a free 20-minute initial consultation, call today at 210-985-8330 or send me an email.