Are you planning to file for divorce in San Antonio, Texas? Divorce can affect your rights, assets, and relationships for years to come. The San Antonio divorce lawyers at Higdon, Hardy & Zuflacht, L.L.P. can help you protect your interests. Call (210) 349-9933 today to schedule a private consultation.

Divorce can involve complex decisions about property division, child custody, spousal support, and other important family matters. Understanding your legal rights and options under Texas law can help you make informed decisions throughout the process and prepare for the next chapter of your life.

Why Choose Higdon, Hardy & Zuflacht, L.L.P. to Help With Divorce in San Antonio, TX?

A divorce comes with high stakes. You need a law firm that practices family law exclusively and can advocate for you and your future. At Higdon, Hardy & Zuflacht, L.L.P., our San Antonio family lawyers focus exclusively on family law and are committed to protecting your rights and future.

Clients throughout San Antonio, TX, rely on our team because:

• Every partner is Board Certified in Family Law by the Texas Board of Legal Specialization, a credential held by less than one percent of Texas attorneys.
• Our firm has focused exclusively on family law matters for nearly 30 years.
• Our lawyers are recognized by Super Lawyers, the American Academy of Matrimonial Lawyers, and the Texas Academy of Family Law Specialists.
• We offer clients a secure online portal to access court records, key documents, and status updates at any time.
• We provide personalized service that makes you feel heard and valued as a client. 

Contact us today to schedule a confidential consultation with a San Antonio divorce attorney.

Divorce Requirements in Texas

Before filing for divorce in Texas, you must meet basic legal requirements. These requirements affect when you can file and how your case proceeds. 

Residency Requirements

Under Texas Family Code § 6.301, at least one spouse must have lived in Texas for the past six months and in the filing county for at least 90 days. If you recently relocated to San Antonio, you may need to wait to file in Bexar County. Alternatively, your spouse might file first in a different county with jurisdiction.

Grounds for Divorce in Texas

Texas allows both no-fault and fault-based grounds for divorce. Most cases use the no-fault ground of insupportability, which means conflict has destroyed the marriage and there is no reasonable chance of reconciliation. In other words, you do not need to prove misconduct.

Fault-based grounds under Texas Family Code § 6.002 through § 6.007 include:

• Cruelty
• Adultery
• Felony conviction
• Abandonment for one year or longer
• Living apart without cohabitation for at least three years
• Confinement in a mental hospital for at least three years

Fault-based grounds may affect certain divorce issues, including how a court divides community property.

Types of Divorce Cases

Divorce cases proceed in several different ways under Texas law:

• Uncontested divorce, where both spouses agree on all terms
• Contested divorce, where a judge resolves disputed terms at trial
• Agreed divorce, where both sides complete a settlement agreement before trial
• Collaborative divorce, where both parties and attorneys commit to settling outside court
• Mediated divorce, where a neutral mediator helps the parties reach an agreement

An experienced lawyer can help you choose the option that matches your goals and family situation.

Issues That Must Be Resolved in a Divorce

A final divorce decree generally addresses the legal issues necessary to dissolve the marriage, including property division and applicable child-related matters. Even in simple cases, courts must address several key areas before granting a divorce.

A Texas divorce decree covers:

• Division of marital property and debt
• Confirmation of separate property for each spouse
• Child conservatorship, or legal custody
• Possession and access schedules, or physical custody
• Child support obligations
• Health insurance coverage for children
• Spousal maintenance, if applicable
• Restoration of a former name upon request

Spouses can settle these items out of court or present them to a judge. Resolving issues through settlement or mediation can keep the case briefer and more amicable.

How Do Courts Determine Property Division in Texas?

Texas is a community property state. Assets acquired during marriage are generally presumed to be community property, while assets owned before marriage or received individually as gifts or inheritances are typically separate property. Under Texas Family Code § 7.001, courts divide community property in a manner that is “just and right,” which does not always mean an equal division. 

Judges consider several factors in their analysis, including:

• Each spouse’s earning potential, education, and age
• Fault in the breakdown of the marriage
• The physical and mental health of each spouse
• Which parent has primary custody of the children
• The size of each spouse’s separate property estate
• Tax consequences associated with dividing assets
• Any wasteful spending or hiding of marital assets

Complex assets often require detailed evaluation from financial and economic experts. These assets include, but are not limited to, retirement accounts, business equity, investments, and executive compensation. Marital debts must also be assigned. 

How Do Courts Award Child Custody in San Antonio?

Texas law has distinct terms for child custody. It calls legal custody “conservatorship” and physical custody “possession and access.” Courts base all custody decisions on the best interest of the child.

Types of Conservatorship

Texas law generally presumes that appointing both parents as joint managing conservators serves the child’s best interests. However, joint managing conservatorship does not necessarily mean equal parenting time or equal authority over every major decision. Courts determine how parental rights and responsibilities are allocated based on the child’s best interests.

Texas has created a Standard Possession Order that provides a default parenting schedule covering weekends, holidays, and summer breaks. Courts can modify this plan or apply an Expanded Standard Possession Order to suit specific family schedules.

Factors the Court Considers for Custody

Courts evaluate specific case details to determine the outcome that serves the child’s best interests. 

Key factors include:

• The child’s physical and emotional needs
• Parental fitness and caregiving abilities
• Prior domestic violence, abuse, or neglect
• Home stability offered by each parent
• The child’s wishes, when relevant, including preferences expressed during a court interview
• Each parent’s support for a healthy co-parenting relationship

Child support uses statutory guidelines based on net resources and the number of children. Courts can adjust child support amounts for high-income parents or children with special needs.

Spousal Support in Texas

Spousal support, also known as spousal maintenance in Texas, is money one spouse pays to the other after a divorce. It helps the receiving spouse cover basic living expenses. Texas strictly limits when courts can award this support; receiving maintenance is never guaranteed.

Under Texas Family Code § 8.051, a spouse can qualify for maintenance only in specific situations, including if there was:

• A qualifying conviction or deferred adjudication for family violence within the applicable statutory period
• A marriage lasting 10 years or more, where the spouse seeking support cannot earn enough to meet basic needs
• A physical or mental disability that prevents the requesting spouse from earning a sufficient income
• Caring for a child of the marriage who has a disability requiring substantial personal care

Texas caps both the monthly amount and how long support lasts. Payments cannot exceed $5,000 or 20 percent of the paying spouse’s average monthly gross income, whichever is lower. Texas law generally limits maintenance to a maximum of five, seven, or 10 years, depending on the circumstances, although certain disability-related exceptions may allow longer payments.

Spouses can also agree to their own terms through contractual alimony. This option is not limited by state caps and gives couples more freedom to create a plan that fits their needs.

Divorce Timeline in Texas

According to Texas Family Code § 6.702, Texas generally requires a 60-day waiting period after a divorce petition is filed before a court can grant a divorce. However, certain family violence circumstances may allow the court to finalize a divorce sooner. 

Uncontested proceedings frequently finish within a few months. Alternatively, contested divorces involving complex property division or child custody disputes routinely require up to a year or more to reach resolution.

The waiting period may not apply in certain cases involving qualifying family violence convictions, deferred adjudications, or protective orders.

How a San Antonio Divorce Attorney Can Help Your Case

A divorce attorney provides strategic support that helps protect your interests and achieve your goals for your divorce. 

An attorney helps guide your decisions by:

• Explaining your rights and likely outcomes under Texas law
• Preparing and filing all required legal documents
• Negotiating temporary orders for support, custody, and asset use
• Gathering financial disclosures and assessing asset values
• Collaborating with financial experts and property appraisers
• Representing you during mediation, negotiations, and court hearings
• Drafting the final decree to ensure complete coverage of all issues
• Enforcing or modifying final orders when necessary

An attorney helps you remain objective during an emotional process so you know when to negotiate and when to litigate.

Contact Our San Antonio Divorce Attorneys Today for a Confidential Consultation

Divorce is challenging, but it also creates an opportunity to establish a stable path forward. Experienced legal representation can help you navigate the process and make informed decisions about your future.

Higdon, Hardy & Zuflacht, L.L.P. is ready to review your case and guide you toward a resolution that protects your family and future. Call us today at (210) 349-9933 to schedule a confidential consultation with a San Antonio divorce lawyer to learn more.