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. 

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 or assume the mortgage so that it is solely in your name. Be prepared 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’re going through a divorce, it may feel easier if one spouse moves out of the marital home. However, moving out too soon can have unintended legal consequences. In Texas, leaving the home is not legally considered abandonment in most divorce cases—but it can affect temporary orders and the way a judge views stability for children.

If you move out, your spouse can request temporary exclusive use of the home and even ask for temporary custody of the children, arguing that they have been the primary caregiver in your absence. This could impact your access to the property and time with your children while the divorce is pending.

Before making any big decisions about leaving the home, it’s best to consult with a family law attorney to understand your options and avoid choices that could affect your rights during the case.

Under the Texas Family Code, abandonment occurs when one spouse leaves the other with the intent to abandon and remains away for at least one year. Simply moving out of the marital home is not, by itself, abandonment. For example, if a spouse leaves but continues to support the family financially and stays involved, that generally does not meet the legal definition.

Abandonment is one of the fault-based grounds for divorce in Texas, and if proven, it can impact how the court divides property.

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. If you and your spouse are separated and reside in different counties for at least 90 days, 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 or own a business together, then it’s generally considered 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 is the standard applied by courts. The courts can grant sole custody to one parent if there’s evidence that it’s in the best interest of the child. 

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.