Usually for a flat fee, a qualified San Antonio uncontested divorce lawyer will explain issues related to property division, child custody and support, spousal support, preparation of the divorce petition and final decree, name changes, tax issues and other related matters. Addressing all of these questions from the outset with an attorney will save time and money in the future when these matters inevitably come up if left ambiguous or unaddressed.

Property Division

Even though spouses may think that they have worked out an acceptable division of property for both sides, a lawyer may help point out issues that parties don’t realize exist. For example, it is important to know that despite a divorce decree that assigns a marital debt to one spouse, creditors can still seek payment of the debt from both spouses since they are not bound by the decree. A divorce attorney will help identify better solutions that will not expose clients to debts and other liabilities that their ex-spouse has agreed to undertake.

In other cases, an ex-spouse may fail to disclose assets that make the agreed-to division disadvantageous for the other spouse. A good attorney will protect their client by requiring that both parties file sworn statements of their assets that can later be used to prove that fraud in obtaining the divorce settlement. For more discussion of these issues, please see our related blog posts related blog posts here.

Child Support and Custody

Child support and custody issues are complicated and dealing with the process is made easier with the advice of an attorney. Legal professionals in our area can explain child custody laws in Bexar County and the concept of conservatorship. This includes issues like which conservator has the right to determine the child’s residence, what geographic restrictions Bexar County courts place on this determination, the weight of the child’s preference, the difference between managing and possessory conservators, and a host of similar issues.

A San Antonio uncontested divorce lawyer will be especially helpful in navigating the intricacies of the Texas Family Code as it relates to child support and medical support. The attorney will help their client calculate the amount of child support according to a specific formula set out by the Code. A lawyer can also explain support modification and issues like support avoidance by stopping work and Employer’s Orders to Withhold. In addition, in uncontested divorce it remains crucial to discuss medical support for the child, including medical insurance.

A lawyer will also explain possession and visitation rights as set out in the Texas Family Code. When children are involved, and there is a chance that misunderstandings may arise in the future, it is important to set out the rights and responsibilities of each parent from the outset in order to avoid emotional and monetary costs in the future.

Uncontested Divorce Attorney

Most attorneys work on an uncontested divorce for a flat fee, which is significantly less costly than the hourly rate charged by attorneys for a contested divorce. The attorney’s fee will usually include the cost to prepare the petition and divorce decree as well as preparation of the waiver of service and withholding and possession orders if needed. An attorney will also be able to discuss issues like court costs, warranty deeds, name change, permanent injunctions, waiting times, living requirements, filing deadlines, and many other issues.

It is important to point out that an attorney cannot represent both parties, but if the divorce is amicable and the parties indeed agree to the major issues, there is often a level of trust between the attorney and both parties.

1. Always consider hiring an attorney. Many websites offer easy, do-it-yourself uncontested divorces. However, even uncontested divorces can be complex for those unfamiliar with Texas family law. When contemplating any type of divorce, it is important to consider hiring an experienced San Antonio uncontested divorce lawyer to do things right the first time. For a low flat fee, a divorce attorney will lead you through the process of an uncontested divorce, including the preparation of the petition, waiver of service, and final divorce decree. They can also prepare a Qualified Domestic Relations Order (QDRO) and military retirement order (DRO), should either or both be needed.

2. Is an uncontested divorce right for you? Many people find that their relationship with their soon-to-be former spouse is amicable enough for an uncontested divorce. For an uncontested divorce to work smoothly spouses must have a high level of trust in each other, be convinced that they have worked out major issues, and can easily work out any issues that may arise during the divorce process and beyond.

3. Have you worked out the major issues? Both spouses should agree to major issues in an uncontested divorce, and should be confident that they will be able to solve any major disagreements on these matters should they come up in the future. Major issues include division of community property, child custody, and child support.

4. Understand and divide your property: A divorce attorney will provide a guide on how to divide the marital estate, including assets, debts, and taxes. This may include an inventory appraisement to ensure that both parties have the same understanding of the property acquired during the marriage and the property that should be considered the separate property of each spouse. Even in situations where attorneys advise their clients to sign a waiver of discovery of their spouse’s finances, an inventory appraisement will ensure that both parties are on the same page and that the divorce decree includes all of the marital assets.

5. Discuss and understand issues concerning children: A divorce attorney will help a client understand major issues concerning children including child support, conservatorship, possession, and health insurance. If contemplating an uncontested divorce, spouses must come to an agreement on these and other child-related issues.

6. What is the process involved in a Texas uncontested divorce? The divorce process begins when one party serves the other party with a Petition for Divorce. For an uncontested divorce, the other party will sign a waiver of service. The attorney then prepares the final divorce decree, which will be signed by both parties. After 60 days, the attorney presents the decree in court and it is approved and signed by a judge.

7. Timing and residency requirements: To file for an uncontested divorce in Bexar County, one of the spouses has to have resided in the county for at least 90 days and in Texas for at least six months. The divorce decree can be finalized 61 days after the filing of the divorce petition.

8. Documents needed in Texas uncontested divorces: An experienced San Antonio divorce attorney will prepare several important documents required at the time of divorce. These may include warranty deeds dealing with property, tax forms pertaining to dependent children, child support withholding orders, name changes, and powers of attorney for vehicles. Even though most of these forms may be available online, an experienced attorney will ensure that they are filled out right the first time.

9. Representation issues: In uncontested divorces, there is usually one attorney. However, attorneys may not represent both parties in a divorce. It is important that parties understand that even though there may be a high level of trust between the attorney and both parties in an uncontested divorce, the attorney only represents one party.

10. Steps to take now: Its is generally a good idea to begin by discussing major issues with your spouse and finding out whether you can agree on most matters. If you do come to a general agreement, it is also a good idea to begin separating your property. Texas divorce attorneys suggest closing and dividing joint bank accounts as well as joint credit cards. If you have notes on vehicles or other property under both names, you should begin the process of changing ownership to one or the other spouse. Next, divorcing spouses should think about how they will divide their debts and tax obligations. Finally, it is always a good idea to seek the advice of an experienced attorney.

If at some point an uncontested divorce becomes contested, a San Antonio divorce attorney will generally begin hourly billing rather than the flat rate normally charged. In order to save costs, some people will only try to engage an attorney in drafting the divorce petition or decree. It is probably best to engage a Texas family attorney for the entire process to avoid headaches down the line. A divorce lawyer can assist you with critical elements of either uncontested or contested proceedings. The attorney will have the necessary checklists and knowledge of the local rules to ensure a smooth transition from the dissolution of a marriage.

In drafting the uncontested divorce decree, a San Antonio uncontested divorce attorney assembles basic provisions including language on jurisdiction, grounds for the divorce, and children born of the marriage. The attorney will often discuss critical issues with the parties as they relate to children including, conservatorship, possession, child support, and health insurance. Next, the lawyer focuses on the division of the community estate including assets, taxes, and debts. The divorce decree will confirm separate property ie. property belonging to one spouse only, usually property acquired before the marriage. Other divorce issues include name change, permanent injunctions, status of temporary orders, and court costs. In an uncontested divorce, the attorney will make sure the other side agrees and acknowledges the terms of the divorce. Sometimes, the divorce decree will direct the parties to execute certain documents like warranty deeds so that property may be easily transferred. An uncontested divorce decree is a critical legal document and you should seek the services of a San Antonio family lawyer to make sure you have covered all the major issues.

As in most Texas counties, a San Antonio divorce is filed in Bexar County District Court and service of process is waived for uncontested proceedings. There is generally no need for temporary orders unless the parties plan to be separated for a long time after the case is filed or parties are leaving the county. If both parties are in agreement, the attorney can simply walk in temporary orders for the judge’s signature without a need for the physical presence. If you would like to take advantage of the low costs and expediency of an uncontested divorce, it may be worthwhile to contact a Bexar county uncontested divorce lawyer .

In an uncontested divorce, there is one attorney. The parties have agreed to all if not most of the issues, and the unrepresented party agrees to a waiver of service, which is prepared by the attorney. The waiver of service helps the parties save on processing fees and the other party is given a copy of the divorce petition and given the choice of whether they want notice of any additional hearings. The attorney can also help the parties save on filing fees by petitioning the court for a waiver of fees if the party qualifies based on economic hardship. It is important to note that when conferring with a San Antonio divorce attorney about an uncontested divorce, technically the attorney can only represent one side. Generally, however, if the divorce is amicable, the attorney will meet with both sides to develop rapport and trust. Most of the time, in uncontested divorces, a flat rate is charged with an hourly rate that kicks in if it becomes clear that the parties are contesting major issues. The fees charged for an uncontested divorce usually include the preparation of the petition, waiver of service, and final divorce decree. If applicable, the attorney will prepare a child support withholding order and possession order in accordance with the A Texas uncontested divorce can certainly be a viable option during the right circumstances.

Any property in the possession of a spouse during the dissolution of the marriage is assumed to be community property unless a spouse can show otherwise through clear and convincing evidence. A judge and jury often make decisions as to how property shall be characterized. There are certain situation where due to commingling , it becomes impossible to determine the nature of the marital property, and in such cases, the property is treated as community property. A sale of separate property does not change its inherent nature. Nor does a natural increase or decrease in value change the nature of the property. A San Antonio divorce lawyer must be well versed in how to characterize martial property as the characterization will greatly influence the division of the marital estate.

The Texas Family Code also outlines very specific grounds for the modification of child support. One of the grounds is a “material and substantial change” in the circumstances of the child. For example, if the child no longer lives with the mother during the week, and the mother is no longer furnishing the same degree of services to the child as at the time of the divorce, while the level of the father’s services have increased, then such a situation would warrant a modification of child support. The court compares the financial circumstances of the children and the parents at the time of the previously entered order with the current circumstances to determine whether in fact there has been a material and substantial change. Another common ground for the modification of child support is if it has been 3 years since the order was rendered or modified. In addition, the monthly amount of the child support due under the current guidelines was different by at least 20% or $100 from the current amount being paid. It is important to note that child support payments cannot be modified once they have accrued. In other words, the court can only modify a child support order only as to subsequent child support obligations. What the court can do is retroactively modify the monthly child support by backdating any accrued obligations to the filing of the motion to modify. This is done to remove any motive on the part of the paying parent to engage in delay tactics. There are certain areas the courts may not consider as grounds for modification of child support. For example, an increase in needs or standard of living or lifestyle of the obligee (the party receiving child support payments) is not a ground for modification. A history of voluntarily provided support by the obligor (the party making payments) and the net resources of new spouses are other factors the court cannot take into account. A remarriage of the obligor is not a factor as to whether to increase or decrease child support. Ultimately, a San Antonio Texas modification of child support hinges on the net resources and abilities of the parties, as well as the needs of the child. A San Antonio family lawyer can assist you with a Bexar County child support modification .

There are certain examples that would tend to support agreements to be married. For example, a couple may purchase property such as a home and refer to each other in legal documents as “husband” or “wife”. Each party may include the other in their health plan. The second element is cohabitation or the act of living together as husband and wife after the agreement to be married. This element is usually easy to prove. However, if couples sleep in separate bedrooms and do not have sexual relations, then an argument can made that there was no cohabitation. The final element of common law marriage is the acting of “holding out” to the public that the couple is married. Both parties must make representations to the public that they are married. For example, does the man refer to the woman as his wife in front of family and friends and vice-versa ? The element of representation means more than occasional references to each other as husband and wife. The couple’s reputation in the community must be as husband and wife. Other evidence includes legal documents. For example, does either party designate their status on loan applications as being “single”? When the man or woman files tax returns, do they each file separate tax returns as single, under penalty of perjury ? The IRS does in fact consider common-law marriages to be valid. Does the couple possess joint bank accounts or credit cards? Positive responses to such questions would tend to support the third element of common law marriage. Filing for common-law divorce requires proof that the parties were married in the first place. It is very common for one of the parties to deny that they were in a common law marriage. A strong San Antonio family law attorney is needed to flesh out the evidence to prove up any Bexar County divorce claim.

The Office of the Attorney General of Texas puts out tax charts for computation of net monthly income so that courts can calculate the amounts in a child support order. One starts with the obligor’s annual gross income, which can be calculated from income tax returns from the last two years. The number is divided by 12 to get the average monthly gross income. Subtracting the amount paid for the child’s health insurance if applicable, yields a monthly gross wages. The tax charts allow you to calculate net monthly income or net resources after deducting federal income taxes and insurance taxes like Medicare. The net monthly income is then multiplied by a percentage based on the number of children to determine the monthly child support. For example, for support for only 1 child with no other dependents, the percentage is 20% of the net monthly income to determine the amount of the monthly child support. For modifications of Texas child support, contact a Bexar County family lawyer or San Antonio child support attorney today.

A San Antonio juvenile defense lawyer will pay particular attention to the petition, which must state the specific time, place, and manner of the alleged criminal acts and the specific penal laws the juvenile is alleged to have violated. If a trial does not prove the specific acts of a petition, then an acquittal is in order.

Moreover, the simple testimony of an accomplice is not enough to convict a juvenile. There must be other evidence presented to connect the juvenile to the crime beyond the testimony of an accomplice. Nor will a juvenile’s out of court statement be sufficient to prove an offense beyond a reasonable doubt. The same Texas Rules of Evidence that are applicable to San Antonio adult criminal defense are also applicable to the juvenile adjudication proceeding.

In the past few years, there has been an increasing problem with a “shadow” juvenile justice system in which municipal and justice courts have been prosecuting juvenile offenders in the adult criminal system. These courts are not bound by the dictates of the Texas Juvenile Justice Code. Most of the time, the municipal and justice courts deal with juveniles who have violated their school conduct policies. Special education juveniles are especially vulnerable in these types of non-juvenile court proceedings.

Even more disturbing is the fact that juveniles convicted in municipal and justice courts have criminal records. When the juvenile reaches adulthood, he cannot count on such records being automatically expunged or sealed. Unlike juvenile adjudications, juvenile convictions are public record unless there are affirmative steps taken to seal / expunge them. For juveniles convicted of Class C misdemeanors, juveniles may face jail if they do not pay their fines upon turning 17 under the Texas Code of Criminal Procedure.

In addition, there are serious ramifications to criminal convictions in municipal and justice courts. Today, convictions can prevent a juvenile from obtaining student loans or carrying a concealed handgun. In addition, convictions on Class C misdemeanors can be used to enhance subsequent arrests to felonies in alcohol offenses and family violence assaults.

Municipal and justice courts oversee four (4) types of offenses by juveniles: traffic offenses; fine only offenses; specific alcohol offenses; and truancy cases. These cases all demand the presence of a parent. When a juvenile has two (2) convictions in a municipal or justice court, the ensuing case must be transferred to juvenile court. The municipal / justice courts do have the discretion to transfer fineable only cases to juvenile court with the exception of traffic / tobacco cases.

A San Antonio juvenile criminal defense attorney will take great pains in working with special education juveniles to prepare documents reflecting disabilities from their school records. Such records are critical to raising competency to stand trial as well as responsibility for the alleged incident.

Criminal defense for San Antonio adults and juveniles requires an examination of specific mental states. The first major mental state is “Intentional” ie. Did the person have a conscious desire to engage in the conduct ? The second type of mental state is “Knowing” ie. Was the person aware that his conduct would reasonably cause the negative results ? The third type of mental state is “Reckless” ie. Did the person consciously disregard the risks they created by their conduct ? The final mental state is “Criminal Negligence” ie. Should the person have determined the risks involved with their conduct.

Different types of offenses require varying degrees of mental states to hold a person culpable criminally. A Bexar County / San Antonio criminal defense lawyer can be instrumental in educating you and your child on your options in juvenile court or the municipal / justice courts.

A San Antonio juvenile defense lawyer will always seek deferred prosecution for his clients but there are times the prosecutor and probation officer will not accept such a recommendation. In an adjudication, which is the equivalent of a criminal trial, it is absolutely essential that the juvenile appreciates the nature and potential consequences of an adjudication hearing. Under Section 54 of the Texas Family Code , a juvenile may not have been found to have engaged in delinquent conduct or conduct in need of supervision (CINS) without an adjudication hearing.

Adjudication will only be considered to have occurred after an evidentiary hearing. There are six (6) general ways the hearing will be conducted based on whether the juvenile is contesting the charges. If the client agrees, a San Antonio criminal defense lawyer will contest the charges and choose as to whether the trial should be conducted before a jury or as a bench trial before the judge. Where the juvenile decides not to contest the charges, there are four (4) possible ways to go depending on the local practice of the court: a stipulation of evidence, agreed statement of facts, judicial confession, or plea of true.

In uncontested adjudications, the juvenile may withdraw his plea if the plea was based on a plea agreement and the court entered disposition terms outside the plea agreement. See Section 54 of the Texas Juvenile Justice Code.

The court must give specific judicial admonishments (explanations of various rights and consequences) at both the beginning of every adjudication hearing and those dispositions involving a plea bargain agreement. The Texas Family Code requires the court to make specific judicial admonishments including an explanation of the allegations; the nature and consequences of the proceedings; the child’s 5th amendment right against self-incrimination; the child’s right to trial and cross-examination of witness; the child’s right to an attorney; and the child’s right to a jury trial.

The judge should especially admonish a juvenile of the admissibility of a juvenile adjudication in an adult criminal proceeding. A plea of “true” in a juvenile adjudication can be used in a subsequent criminal proceeding – the plea can be used to ultimately enhance an adult punishment.

The court shall also admonish a juvenile that it is not required to accept the plea bargain agreement between the juvenile and the prosecutor. If the court does not accept the agreement, the juvenile can withdraw the plea or stipulation of evidence.

Every juvenile has the right to a jury trial and that right is guaranteed by section 15 of the Texas Constitution . When your loved one is in trouble with the law, you absolutely need a Bexar County juvenile defense lawyer to protect your child’s rights so that mistakes are not made that can have devastating consequences in an adult criminal proceeding.

The juvenile equivalent of an adult criminal trial is known as ”adjudication”, but it is important to note that the Juvenile Justice Code clearly states that an adjudication is not a conviction. Whereas adult offenders must deal with vocabulary like “arrest, bail, bond, indictment, conviction, and sentence”, Texas juveniles have an entirely different set of terms. San Antonio juveniles can be “detained, referred, released from detention, adjudicated, and either placed on probation or be completely separated from their home”. The actual allegation against the juvenile is a civil petition, not a criminal indictment. Whereas adult records are subject to expunction, juvenile records are “sealed”.

The next major difference between a juvenile offender and an adult offender in Bexar County is the wider array of procedural options available to a juvenile under the Texas Juvenile Justice Code. In a criminal allegation against a juvenile, the alleged crime is classified as either “delinquent conduct” or “conduct in need of supervision”. Delinquent conduct is that conduct which violates a penal law and is punishable by jail. Conduct in need of supervision (CINS) generally includes less serious legal violations and certain types of non-criminal conduct, like violations of school conduct policy.

Law enforcement has several choices upon completion of a juvenile criminal investigation. They can either refer the case to a prosecutor or to juvenile services. After the referral, there are four (4) possible paths the juvenile may take leading to disposal. The first path is supervisory caution or deferred prosecutions which are known as informal adjustments under Sections 53 and 59 of the Texas Family Code. This is the most favorable option and it is the option San Antonio juvenile criminal defense lawyers try to obtain for their clients.

The second option is referral to criminal court under section 54 of the Texas Family Code. For example, if the child is over 14 years old and is suspected of a capital felony or a high level drug offense, the child may be transferred to criminal court. it is important to note that any juvenile over 15 may be tried as an adult if the case is transferred to adult criminal court.

The third option is reserved for juveniles with mental illness. Under Section 55 of the Texas family Code, commitment proceedings may be initiated for those juveniles with mental illness.

The fourth option is an adjudication hearing similar to a criminal trial, which is conducted under the auspices of section 54 of the Family Code.

The San Antonio juvenile justice system can be daunting, which is why a Texas juvenile criminal defense lawyer is needed to help you and your child navigate the system. The overarching theme of the system is actually rehabilitation, which is not something the adult criminal justice system is necessarily focused on.

Under the Texas Family Code, the juvenile courts have authority over any child provided the child is over the age of ten (10) and was under the age of seventeen (17) when the alleged crime took place. In fact, juvenile courts can adjudicate an act of juvenile delinquent conduct up to the child’s eighteenth (18th) birthday provided the events took place before the child’s seventeenth (17) birthday. Jurisdiction by the juvenile courts concludes upon the child’s attainment of eighteen (18) years of age.

The Texas Juvenile Justice Code, is contained in section 51.01 of the Family Code. The Juvenile Justice Code lists several purposes including but not limited to the protection of the public and public safety. While the Code seeks to promote the concept of punishment and deterrence, it also tries to remove the “taint of criminality” from those juveniles acting unlawfully.

Moreover, the Juvenile Code seeks to give “treatment, training, and rehabilitation” for both the parent and offending child. This concept is probably the most refreshing aspect of the San Antonio and greater Bexar County juvenile justice system – the idea that we are trying to protect and develop the moral, mental, and physical development of children. That purpose is a far cry from the adult penal system with its emphasis on punishment as opposed to rehabilitation.

The San Antonio juvenile system can be also very draconian when needed, because one of the elements of the juvenile code is the removal of the child from the child’s parents when necessary for the child’s welfare. Finally, the Juvenile Justice Code creates a formal judicial procedure where juveniles are given a fair hearing that protects their constitutional rights.

If your child or a young adult has been charged with a crime, it is imperative that you seek a San Antonio juvenile criminal defense attorney to assist you. The implications of a juvenile criminal record can have lasting effects, and it is crucial you seek a Bexar County juvenile criminal defense lawyer without delay.

Under Texas Family Code, Chapter 153 , parties may enter into a written mutual parenting plan which covers conservatorship, possession, and modification. Under Texas law, the parent-child relationship refers to the legal relationship between the parents and the child. Parents have many rights and duties under the Family Code including a right to physical possession of the child, a duty to support and discipline the child, a duty to manage the estate of the child, a right to represent the child in a legal action, and right to make decisions concerning the child’s education.

In Bexar County courts , both the father and mother are each named as conservators, with one parent usually named as the managing conservator. However, the courts presume that appointment of both parents as joint managing conservators is in the best interest of the child. Even in a joint managing conservatorship (JMC), one conservator is given the exclusive right to determine the primary residence of the child with geographic restrictions. A child 12 years of age or older can file a written statement with the Bexar County divorce court , expressing their preference for the parent with the exclusive right to determine residence.

In certain situations, the courts will find it impossible to create a JMC, and they will resort to appointing one parent as the sole managing conservator and one parent as the possessory conservator. This division occurs if for example, one of the parents has been absent from the child’s life for a long period of time, there has been abuse and neglect, or the parents have a history of violent conflict. As you can imagine, the sole managing conservator will have additional rights above the possessory conservator, including the right to designate the primary residence and right to receive child support payments.

An important concept all divorcing parents in San Antonio must deal with is child support and medical support. The Texas Family Code sets out a specific formula for the determination of child support. Once the gross income of the non-custodial parent has been determined, then deduct social security taxes, federal income taxes utilizing the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax (usually not applicable in Texas), union dues, and costs of health insurance or cash medical support for the child paid by the noncustodial parent. Once you have a number, then charts in the Texas Family Code can be used to determine the percentage of the net resources up to a maximum amount of $7500. Child support is mandated until the child reaches 18 or matriculates from high school (whichever comes later), or the child becomes emancipated, or the child does, or by some order of the Bexar County court. Child support can be revised every three (3) years if the amount of support would increase or decrease by 20% or $100. Under the Texas Family Code, however, modification of child support can occur after one year if circumstances have materially changed. For assistance with child support issues, consult a San Antonio Divorce and Child Support lawyer .

Many parents who do not want to pay the required child support think they can avoid the obligation by stopping work. However, a skilled Bexar County divorce attorney can submit a claim showing that the individual’s actual income is less than what could be earned due to intentional unemployment or underemployment. Bexar County and greater San Antonio courts are now requiring an executed Employer’s Order to Withhold at the time of finalization of the divorce decree. The Employer’s Order to Withhold is a court-approved order to the employer to withhold a certain amount from each pay check and send it to the child support disbursement unit in San Antonio.

With respect to medical support, the courts presume that the parent responsible for child support, will also assume the responsibility of providing the child’s health insurance. In cases where the parent does not have the health insurance available, the other parent’s insurance may be utilized and the responsible parent must reimburse these costs to the providing parent. Where there are cases involving a SAPCR or child support, Bexar County Family Law Courts must issue medical support orders, which can be enforced just as child support. The wage withholding order can also cover medical support. Any uninsured expenses are usually split between the parents.

With respect to possession, the Texas Family Code sets forth a Standard Possession Order (SPO), which creates a guide for visitation by the possessory conservator or outlines a time of possession for a joint managing conservator who does not have the exclusive right to designate the primary residence of the child. SPOs are generally applicable to children three years or older. There are two (2) schedules in an SPO depending on whether the parents reside 100 miles or more apart. For parents within 100 miles, the SPO incorporates a weekday possession during the school year and 30 days in the summer. For the over 100 mile situation, the weekday possession is omitted, and 42 days are given in the summer. Some parents are able to agree to a possession arrangement outside the SPO, including alternating possession of the children through a week on, week off schedule. Some parents agree to split custody where one or more children live with a parent, and the remaining children reside with the other parent. Bexar County Family law judges are not likely to approve of split custody arrangements unless there are teenage children who express a clear preference for their residence.

Inevitably as time passes, SAPCR orders may have to be modified. A Texas family law attorney can file a motion to modify with the court that signed the last order – that court maintains continuing, exclusive jurisdiction. If the child has moved since the last order, an attorney can also file a motion to transfer venue with the petition for modification. For assistance with custody arrangements and SPO, contact a San Antonio divorce attorney .

Under the Texas Family Code , courts in Bexar County and greater San Antonio operate under the assumption that any property acquired during the marriage is community property. However, the label of community property does not apply to spousal property acquired before the marriage or property acquired by the spouse by gift or inheritance or recovery for personal injuries. Often in a marriage, there will be an intermingling between the marital community property and separate property of each spouse. For example, an economic contribution claim can occur where the principal on the debt of a separate property is paid through community property income. A San Antonio divorce lawyer can calculate potential economic contribution claims based on the type of assets involved and specific formulas through the Texas Family Code. If a spouse contributes time and effort to paying off the principal on the separate property of another estate, a reimbursement claim can arise as well. Economic contribution and reimbursement claims can be placed as liens or judgments on separate property.

There is a common misperception that in Texas, community property is automatically divided equally between the parties, i.e. Texas is a 50/50 state. This perception is not necessarily true. Bexar County courts for example take into account various factors including the fault of the parties in divorce, earning capacity, and the amount of separate property.

There are various ways to deal with community property especially in an uncontested divorce. There are various arrangements that can be worked out with a home with equity and a mortgage. The parties can also work out joint credit card debt and cars financed in both names. Be very careful if you believe your ex-spouse will be paying a debt. Creditors are not bound by the terms of a divorce decree and can try to collect the debt from either party, regardless of the individual awarded the debt in the decree. There are much better alternatives than simply trusting an ex to assume the debt. Transfer the credit card debt to another card and / or refinance the cars.

In an uncontested San Antonio or Bexar County divorce, the attorney can ethically represent only one party. In order to protect himself and you, a San Antonio divorce lawyer will have both spouses complete a sworn inventory and appraisement of their community and separate property assets. If it turns out that one of the spouses failed to disclose some asset or debt, the sworn appraisal will be helpful in demonstrating a spouse committed fraud in obtaining the divorce settlement.

Even in an uncontested divorce , an experienced San Antonio and Bexar County family and divorce attorney can be vital in ensuring a fair and equitable division of marital property.

In order to file for divorce in Bexar County, at least one spouse must have lived in the state for at least six (6) months before filing. For Bexar county, there is a ninety (90) day requirement for residence. Texas does permit the filing of a “no fault” divorce, although the parties can include other reasons including cruelty and adultery. The Bexar County District Clerk sets forth specific requirements for the petition and the filing fee.

Generally in an uncontested divorce, once the petition is filed, the Respondent (ie. the spouse answering the petition for divorce) will sign a waiver of citation after he has been provided a file marked copy of the petition. Generally, the Respondent should file an answer to the petition before the Monday following twenty (20) days after service of the petition. Even if an answer is not filed, a default divorce can be overturned in San Antonio where the Respondent is not given notice of a final hearing.

There is a waiting period of at least sixty (60) days after the petition is filed. During the waiting period, either party can request temporary orders which cover a wide variety of topics including spousal support and visitation and child support. Discovery can be sent by a family divorce lawyer to determine the community estate and appraisers can be hired to determine the value of disputed assets like businesses and real estate.

The Texas Family Code outlines several options to negotiate settlement including mediation, arbitration, and collaborative law. For additional information, you can visit the Collaborative Law Institute of Texas. Note that settlement agreements reached in mediation are binding if there is no statement that the agreement is subject to revocation.

In a Texas uncontested divorce, provided the parties are in agreement, a Texas divorce attorney can assist in the drafting of an Agreed Final decree of Divorce, which will cover various aspects including the property awarded to each party, disposition of debts, children’s issues, name changes, and tax agreements. Various Texas counties will also require an Employer’s Order of Withholding at the time the divorce decree is entered to cover child support. Once the parties have signed off their approval on a decree of divorce, a San Antonio divorce lawyer can assist in the “prove up hearing”. Once a Bexar County or other judge signs off on the decree , it will betaken to the District Clerk for entry. Either party has thirty (30) days to appeal the decision. They may not re-marry any other person until the thirty day period has passed – they can however remarry each other.

Although many people believe they can handle an uncontested divorce on their own an uncontested divorce should still be handled through an experienced attorney. Uncontested divorces can be easily mishandled without an attorney leading to greater headache and expense than if an attorney was brought in from the beginning.