The family lawyers of Higdon, Hardy & Zuflacht, L.L.P. have dedicated our professional lives to helping individuals in San Antonio with legal issues involving family members, from divorce to disputes and everything in between. Every partner at our firm is Board Certified in Family Law, a unique distinction that confirms our dedication to excellent legal representation.
Our unmatched experience can work for you and your family regardless of your specific situation. We handle a broad range of family law issues, from military divorces and child custody cases to child support disputes and alternative dispute resolutions. The challenging times you are going through have been trying enough—hire an attorney who can make life easier for you and has your best interests in mind. Contact our San Antonio divorce lawyers at (210) 349-9933 to see how having an ethical and competent team on your side can lead to great results.
“Family Law matters are not easy. We are 100% committed to finding the best, least emotionally stressful, and cost efficient solution for our clients.”
Family is the number one priority for most San Antonio residents, and the attorneys at Higdon, Hardy & Zuflacht, L.L.P. respect how important family law issues are for you and your loved ones. Whether you need a lawyer to take on your fight for custody, secure assets within a divorce, or help you with an adoption, you have come to the right place. Our attorneys value family just as much as you do, and we are prepared to support you with quality representation and personal attention. Browse our site to learn more about the cases we take on, or contact us by calling (210) 349-9933 for your initial consultation. Allow us to guide you through your legal journey with as much ease and empathy possible.
If you are considering filing for a divorce in Texas, it is important to retain an attorney to help you through the process. The next best thing you can do once you’ve hired a good divorce attorney is to learn about Texas divorce laws. Here is some of what you need to understand about divorce in Texas.
In Texas, there are seven basic statutory grounds for divorce, six of which require you to find fault in your spouse if you are the one filing for divorce. Insupportability, the seventh, is a “no-fault” grounds for divorce, which is the most commonly cited grounds in most cases.
In Texas, the seven statutory grounds for divorce are:
You may be asking yourself: If no-fault is the most commonly-cited grounds for divorce, why would anyone choose to cite the other grounds, especially if it places the blame on the other party? Well, some individuals want to place the fault on their spouse because if the court agrees with the grounds, a more significant share of the property may be awarded to the person who is not at fault.
To file for divorce in Texas, either you or your spouse must meet the State of Texas’ residency requirements, as well as the residency requirements of the county in which you file for divorce. There are two components to residency in Texas, which include:
If you are living out of state but want to file for a Texas divorce, the process might be slightly more complicated. Non-Texas residents who wish to file for divorce may do so by mail, but they need to check to see if the county in which they plan to file accepts divorce paperwork by mail. Certain counties require individuals to file the paperwork in person, so you may be forced to travel to the county to file your divorce papers. Texas also requires the filing party to be present at a hearing in court, so you should plan to return to the county for that as well. Because of these requirements, most people choose to file in the state and county in which they currently reside.
If you have been living in the county for at least 90 days, you can file a divorce petition with the District Court clerk’s office in the county. For your convenience, we have included a link to the District Courts in Texas – maps.txcourts.gov.
The person who petitions for divorce is referred to as the “petitioner,” and the spouse who did not file is referred to as the “respondent” in Texas. The respondent typically has 21 days from the date that they are served with the paperwork, or else the case will go into “default.” If a case is considered to be in “default” the proceedings may move on without the respondent. If you have been served with divorce papers, it is critical that you consult with an experienced divorce attorney to protect yourself and your property and ensure that your case does not end up in default. Your attorney will advise you and will help you respond to the petition and will represent you in your case.
Texas is one of a few states that have “community property” laws when it comes to dividing marital property. The court is allowed to distribute community property between the individuals who are seeking a divorce, but it cannot divide property that someone brought into the marriage (known as separate property). Separate property may also include property that was obtained as a gift or inheritance, or money secured through a civil lawsuit (like a personal injury claim) during the time that the individuals were married. If you do not claim separate property, the court will assume that everything you own is community property. Again, it is essential to retain a good divorce lawyer to help with your divorce as the process can get complicated and messy. Also, too much is at stake in a divorce. Make sure you have someone on your side who can best advocate for your needs and rights. Contact the experienced family lawyers of Higdon, Hardy & Zuflacht, L.L.P. today at (210) 349-9933 for help achieving the best possible outcome in your divorce.
We understand that divorce can be one of the most difficult experiences you may ever face. That’s why we are committed to providing compassionate, experienced representation for each and every client we have. We’ll help you find the resolution you need so that you can move on with your life. Read More
Our San Antonio child custody attorneys understand the stress parents face during a custody dispute. We are ready to represent your interests throughout the process and we will take the necessary steps to help you keep your children by your side, where they belong. You do not have to fight this fight alone. Read More
The spousal support attorneys of Higdon, Hardy & Zuflacht, L.L.P. are prepared to help you fight for the support that you are rightfully owed from your spouse. We have your best interests in mind at all times and will make sure that you receive what you are legally entitled to by law. Contact us today to discuss your situation. Read More
The adoption process can often be confusing. Our experienced adoption attorneys can help explain the process, walk you through the timeline of adopting, help with paperwork, and assist you with navigating the court process. Reach out to us today for help with bringing a new addition home to your family. Read More
If you are seeking a modification to an existing divorce order, look no further than the experienced attorneys of Higdon, Hardy & Zuflacht, L.L.P.. We will help make sure that your rights and obligations align with your current life circumstances, and that the agreement matches what you should rightfully be entitled to. Read More
A domestic partnership agreement can protect a couple’s property and help with specific rights regarding adoption and disputes. Contact us today to learn more about how a domestic partnership agreement can help you and your partner protect yourselves and your union. Read More
It is often wise for couples to reach an agreement regarding financial assets and debts, whether that agreement is made before they share their vows, or after. At Higdon, Hardy & Zuflacht, L.L.P., we have helped many couples create fair agreements that ensure they are protected in the event of unforeseen circumstances. Read More
Issues between individuals or multiple entities can often be resolved without having to go to court. In many cases, alternative dispute resolution can save time and expensive court costs. By hiring an attorney that has experience with ADR, you know your interests are a priority. Read More
No one wants to part with property they have worked to acquire over time, but with aggressive representation on your side, you may be able to retain what is most important to you. With the right attorney fighting for you, you could hang on to what rightfully belongs to you. Read More
All of the partners at our firm are Board Certified by the Board of Legal Specialization in Family Law, and all of them have been recommended by their peers for inclusion in the Texas Super Lawyers listing. In addition, attorney Jim Higdon is Board Certified by the Board of Legal Specialization in Appellate Law.
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