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.

The Process – From Start to Finish

On behalf of Charles Hardy at Higdon, Hardy & Zuflacht, L.L.P.

A. Requirements for filing for Divorce in Texas

Grounds – In order to file suit for divorce in Texas, you must prove that you have met the necessary “grounds” for divorce. Those grounds include:

  1. Residence for six months in state and ninety (90) days in County;
  2. Irreconcilable differences; and
  3. No chance for reconciliation.

B. Starting a Lawsuit (Options):

In deciding how to file you suit for divorce, you have the following options:

  1. Simple filing – involves simply filing the papers and not proceeding any farther;
  2. Filing and mailing – filing the papers and having your attorney mail a copy of the papers to your spouse;
  3. Filing and serving – filing the papers and having them served by a process server upon your spouse (in order to give your spouse proper notice of lawsuit);
  4. Temporary Restraining Order – involves your attorney obtaining a temporary restraining order stopping your spouse from taking such actions as may be detrimental to you, your children, or your estate (this order must be served on your spouse in order to be effective); or
  5. Counseling – Opting to avoid the lawsuit and proceed to marriage counseling.

C. Temporary Orders Hearing

If you and your spouse cannot agree as to how your property will be divided, your debts paid, how your property will be temporarily divided, your debts temporarily paid, and if you have children, how your children will be temporarily cared for, then you will need to have a hearing on temporary orders. Temporary Orders allow the court the opportunity to make orders that will exist during the time between the filing of your divorce suit and ending with the entry of the Final Decree of Divorce in your case.

The issues to be determined at a temporary issue include:

  1. Temporary use of property;
  2. Temporary support and alimony;
  3. Temporary payment of debts;
  4. Temporary possession of children;
  5. Temporary visitation schedule; and
  6. Award of interim attorney’s fees.

D. Discovery Process

It is normal during a divorce for each spouse to ask the other spouse to answer certain questions, produce documents, and possibly offer testimony regarding the issues in the case. Discovery is used to prepare a case for trial. It can include:

  1. Interrogatories – a series of questions to be answered under oath within thirty (30) days;
  2. Request for Production – a document requiring that you produce certain documents and items within thirty (30) days; and
  3. Depositions – a process whereby the sworn testimony of a person is taken prior to trial.

E. Divorce Decree or Judgment

The divorce decree is the final order signed in a case. It divides property and debts, makes provisions for taxes, determines who will have custody of children, such child support and visitation, and makes all other rulings in a case.

©2014 Higdon, Hardy & Zuflacht – San Antonio Divorce Attorneys
12000 Huebner Road, Suite 200, San Antonio, Texas 78230-1210

Higdon, Hardy & Zuflacht, L.L.P. 12000 Huebner Rd #200 San Antonio, TX 78230 Telephone: (210) 349-9933 Fax: (210) 349-9988
We Accept:

Pay your bill securely Pay Now

Schedule Appointment