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Best Divorce Attorneys in San Antonio, TX
Compare Top Divorce Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Amber Liddell Alwais | Active | 1996 | St. Mary’s University School of Law | |
| Crista Marichalar Branch | Active | 1998 | Southern Methodist University Dedman School of Law | |
| Floyd S. Contreras | Active | 2011 | University of Texas School of Law | |
| Lawrence L. Garcia | Active | 1980 | University of Houston Law Center | |
| Joseph Hoelscher | Active | 2007 | Baylor University School of Law | |
| Jo Chris Lopez | Active | 1983 | Northeastern University School of Law | |
| Mysti Murphy | Active | 1998 | University of Texas School of Law | |
| Richard R. Orsinger | Active | 1975 | University of Texas School of Law | |
| Arthur J. Rossi, Jr. | Active | 1981 | University of Texas School of Law | |
| Lisa A. Vance | Active | 1981 | St. Mary’s University School of Law |
Filing For Divorce in Texas
If you are getting a divorce in Texas, it is important to understand Texas divorce law. Knowing the Texas-specific requirements and regulations is essential to protecting your rights and ensuring a smooth legal process. Here are some of the most important Texas divorce laws.
Texas Divorce Requirements
According to Texas family law, you or your spouse must have been a Texas resident for six months before the divorce and a resident for at least 90 days in the county where you’re filing for divorce. In addition to residency requirements, Texas imposes a 60-day waiting period before a divorce can be finalized. The waiting period begins when you or your spouse files divorce papers.
Unlike some states, Texas doesn’t have a separation requirement, meaning you can file for divorce without having to have lived separately from your spouse. To begin the divorce process, one of you (the petitioner) completes the initial documents, called the petition for divorce. The document is then filed at court and served on the other spouse (the respondent).
Types of Divorce and Separation in Texas
If you are looking to end a marital relationship in Texas, you may have various options, including:
- No-Fault Divorce. Texas allows for no-fault divorces, meaning you can dissolve your marriage without proving fault or wrongdoing. You simply state that the marriage has become insupportable due to conflict or discord.
- Fault-Based Divorce. With a fault-based divorce in Texas, the spouse seeking divorce must prove that the other is at fault for the breakdown of the marriage, for example, due to cruelty, adultery, abandonment, living apart, confinement in a mental hospital or a felony conviction.
- Annulment. Unlike a divorce that ends a marriage, an annulment legally erases the marriage by declaring that it was never valid. Grounds for annulment can include underage marriage, bigamy, fraud, impotence, lack of mental capacity, marrying while under the influence of alcohol or drugs and the marriage being solemnized within 72 hours of obtaining the marriage license.
- Separation. Couples who are not ready to officially end their marriage can opt for a temporary separation period instead of divorce. However, it is worth noting that Texas doesn’t formally recognize “limited divorce” or legal separation, unlike some other states.
Consulting with a divorce attorney can help you understand the law when facing a marriage breakdown and assist with navigating the various options for ending the relationship.
Child Custody, Support and Visitation in Texas
As a parent, nothing is more important than the well-being of your children, especially during a divorce. In Texas, child custody, support and visitation laws are designed to ensure children’s best interests.
- Child Custody. In Texas, child custody is called “conservatorship,” and the person with custody is called the “conservator.” Under Texas law, a joint managing conservatorship, including both parents, is preferred. However, a court may decide that sole managing conservatorship is in the child’s best interests, for example, if there is violence or substance abuse by one parent.
- Child Support. Generally, the non-custodial parent must pay child support to the spouse with whom the child resides. Child support in Texas is calculated based on income and must generally be paid until the children are either 18 years old or finish high school (whichever occurs later).
- Visitation Rights. In Texas, the standard possession order determines that the non-custodial parent has visitation on the first, third and fifth weekends of the month, Thursday evenings, alternating holidays, and an extended period over the summer vacation. However, this schedule can be customized to fit your situation and your child’s best interests.
Property Division in Texas
Texas uses a community property model, meaning marital property acquired during the marriage is equally owned by both spouses. Therefore, whatever was your property before you got married remains yours after the divorce. However, in practice, the division of marital property can be complex, especially if there are multiple assets or debts.
Spousal Support
The Lone Star state has two types of alimony: spousal support and spousal maintenance. Spousal support is also known as “contractual alimony” and is based on an agreement between the divorcees. Spousal maintenance, on the other hand, is court-ordered. Receiving court-ordered maintenance can be challenging. The spouse seeking maintenance must prove that they cannot meet their needs even after the division of property.
There are also limits on court-ordered spousal maintenance. The paying spouse is not obliged to pay more than 20% of their gross monthly income, or $5,000 per month, whichever is the lesser.
Filing and Serving Your Divorce Papers
In Texas, you typically begin your divorce proceedings by gathering the relevant forms from your local court clerk’s office or online and filing a petition. The forms required depend on your situation:
- Set A Divorce Forms: Divorce without children (opposite sex)
- Set B Divorce Forms: Divorce with children
- Set C Divorce Forms: Divorce with children and final court order
- Set D Divorce Forms: Same sex divorce without children
The petition outlines your grounds for divorce as well as the desired property division and child custody arrangements, if any. Once the petitioning spouse completes the paperwork, the documents must be properly served to the respondent spouse. Methods for serving the petition for divorce can include in-person delivery, certified mail or a process server.
Finalizing Your Divorce
Once you file your petition with the court, you must wait a minimum of 60 days before your divorce can be finalized. The waiting period is intended to allow you and your spouse to reconsider your decision and ensure that you truly want to get divorced. However, in divorces involving domestic violence, the court may waive the waiting period to protect the victim.
After the 60 days, you must attend a final hearing before a judge. During this hearing, the court reviews the divorce agreement. Once the judge is satisfied with the terms and conditions, they issue a final decree of divorce, which officially terminates your marriage.
How Can an Attorney Help You?
Representing yourself in a divorce can be a good choice if you and your spouse agree on the terms, such as child custody and support, and you don’t have any complex assets or debts to divide. That said, consulting an experienced family law attorney is always a good idea whether your divorce is contested or uncontested. Here’s how an attorney can help:
Legal Support and Guidance. Family law attorneys can help you understand your legal rights and obligations during the divorce process. They can complete all the necessary legal paperwork, reducing the risk of mistakes and delays. Your attorney can offer guidance on various aspects of your divorce, from property division to child custody.
Litigation and Advocacy. In contested divorces, hiring an attorney can be critical for protecting your rights. They can advocate for your best interests, represent you in court and work on a favorable outcome on your behalf.
Complex Assets. When your divorce involves complex assets, such as a business, investments, retirement assets or a real estate portfolio, hiring an attorney to protect your finances can be an excellent decision.
How to Find the Best Divorce Lawyer in San Antonio, TX
Divorce can be one of the most stressful times in your life. However, with an experienced divorce lawyer by your side, you can have peace of mind that your rights are protected even when things turn sour with your soon-to-be-ex spouse. When searching for the best divorce lawyers, consider the following tips:
- Expertise. Hire a lawyer with a strong track record in family law who specializes in divorce. Their expertise can go a long way to protect your rights and interests during this challenging time.
- Strong Communication. Work with an attorney who is a good communicator and listens to your concerns with empathy and compassion. Choosing a responsive attorney means they won’t let your calls and emails go unanswered and will update you regularly regarding your case.
- Negotiation Skills. A skilled family law attorney with excellent negotiation skills can identify mutually agreeable solutions and could help you avoid a lengthy and costly courtroom battle.
- Strong Reputation. Taking the time to review an attorney’s credentials and reputation among peers and clients can be crucial. Choose a reputable lawyer with excellent client reviews and a proven track record of success.
The best divorce lawyer for you should not only be an excellent choice on paper but should also match your personality. As you may be spending a lot of time with your attorney and discussing private details of your life, choosing someone you feel comfortable with can make the process less stressful and upsetting.
Methodology
To come up with the best divorce lawyers in San Antonio of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Frequently Asked Questions (FAQs)
Do I need a lawyer to get divorced in Texas?
A family lawyer has the important task of protecting your rights during a divorce. However, you don’t necessarily need one, especially if you and your spouse can agree on a settlement. That being said, having a lawyer look over or prepare your agreement and legal paperwork can be helpful, especially if you’re dividing complex assets or debts.
If your divorce is acrimonious and contested, hiring a divorce lawyer to protect yourself can be essential. They can be your advocate and ally and help defend your best interests in court if necessary.
Does the length of a marriage in Texas impact the divorce settlement?
The length of your marriage could impact a divorce settlement. A court considers various factors when determining how to divide assets, including the duration of your marriage and the earning capacity of you and your spouse.
When determining spousal support, a court may be more likely to award alimony when the marriage lasted ten years or longer, and one spouse is financially dependent on the other. Consulting with an experienced family law attorney is crucial to understanding how the length of your marriage may affect your divorce settlement.
How long does a divorce take?
How long your divorce takes depends on your unique circumstances and whether your divorce is contested or uncontested. If you and your spouse agree on the divorce terms, the process may take as little as three months. However, if your divorce is acrimonious, you could face a lengthy court battle of a year or more. Since every divorce is unique, the timelines can differ significantly from one case to another and also depend on how busy your local court is.
