San Antonio Divorce Lawyers

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.”

Our Family Law Practice Areas

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.

The Seven Statutory Grounds for 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.

Filing For Divorce

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.

Property Division in Texas

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.

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Respected by Our Peers

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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Board Certified by the Texas Board of Legal Specialization for Family Law
Higdon, Hardy & Zuflacht, L.L.P. 12000 Huebner Rd #200 San Antonio, TX 78230 Telephone: (210) 349-9933 Fax: (210) 349-9988
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