Coronavirus, Divorce and Family Law:

We are open!

Higdon Hardy & Zuflacht is taking a safe but proactive approach to the Coronavirus situation in our law practice. We are working every day to represent our family law clients. At the same time, we are following best practices to protect the health of our employees and our clients. To read more please Click Here

All our employees understand that they should not be working if they are sick, and in particular, that they should not be at our office while sick.

To further protect our employees and our clients we are encouraging meetings by phone, Zoom, Skype or similar means. We have represented clients from out of state and out of the country in this manner for many years. Our clients often prefer this to traveling to our office.

We are also working with the divorce and civil courts, as well as opposing counsel, to arrange court appearances, settlement conferences, and other litigation events remotely whenever possible.

To further protect the health of all concerned, all our attorneys and staff have the technology and capability to work on cases and with clients from home as well as at the office. Your phone calls will be returned. Your emails will be answered. Your case deadlines will be met.

The days ahead may be a challenge. We do not yet know the extent to which particular courts will curtail trials or even the extent to which HHZ will have clients and other guests come to our office. We will continue to work to take care of our clients’ cases and to take on new matters and clients. We will simply manage your case in less traditional, more technology-driven ways, that are safer for your health and ours.

Thank you for your trust.

Trust Our Experience. Family Law is what we do.

All of the partners at our firm are Board Certified in Family Law - less than 1% of Texas lawyers achieve this distinction.

Alimony

Texas now provides for alimony in divorce cases.

There are limitations, but our laws now provide for potential lifetime alimony!

Here are the rules:

Criminal offense alimony: A spouse may be entitled to alimony if:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4 AND the offense occurred:
(A) is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability; OR
(B) is the custodian of a child who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; OR
(C) clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs.
Limitations: Court Ordered Alimony is generally limited to not more than 3 years.

Life-time Alimony:

If a spouse seeking maintenance is unable to support his or her self through appropriate employment because of an incapacitating physical or mental disability, the court may order maintenance for an indefinite period for as long as the disability continues.

Modification: An alimony award can be reduced by court order by the filing of a Motion to Modify. (Note: It can ONLY go down, not up.)

Note: Texas statutes refer to “alimony” as “spousal maintenance”.

Remember: Always talk to a lawyer before acting on these or other “overviews” on our web site!

(A) within two years before the date on which a suit for dissolution of the marriage is filed; OR
(B) while the suit is pending.
10-year alimony: A spouse may be entitled to alimony if:
(1) the marriage lasted 10 years or longer,
(2) the spouse seeking maintenance lacks earning power AND has insufficient property to provide for the spouse’s “minimum reasonable needs”, AND the spouse seeking maintenance:

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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