Trusted San Antonio Legal Representation Guiding You Through Your Divorce
A divorce is a highly sensitive legal process that can shape not only your future but your children’s futures as well. When you are attempting to navigate your divorce, you want to be sure that you choose a Texas lawyer who is right for you and your family.
I am attorney John Hicks, and I can provide you with the legal guidance you deserve. At my office, The Hicks Law Firm, in San Antonio, not only do I help families through divorces and help prepare divorce decrees, but I also answer questions about their situations, weigh the options that are available to them, and develop personalized representation plans for them. As a former Marine and current Emergency Medical Services (EMS) worker and firefighter, I am dedicated to helping people in any way that I can. I am ready to use all my skills and abilities to benefit your needs.
The Differences Between Contested And Uncontested Divorce
The method by which a couple resolves its divorce can shape the quality of the outcome. A contested divorce is likely the only option when spouses cannot work together. With this option, the spouses present their case before a judge, who will make decisions on matters like how to divide assets, conservatorship agreements, child support and spousal support.
In a collaborative divorce, spouses work together through mediation to reach resolutions to their divorce that they can agree on. They can also meet to discuss these matters on a schedule that suits their needs rather than on an inconvenient court schedule. This option often saves time and energy for everyone involved.
The General Process Of A Divorce
While every divorce is different, there are some steps in the process that are the same for everyone. For example, a spouse will file for divorce, and the other spouse will need to be served the divorce papers. The spouses will then either reach a settlement for their divorce on their own or they will need to go to trial to resolve things.
The Challenges Of Divorcing With Children
Whenever children are involved in a divorce, all of the issues have the potential to get more complicated. Determining child support and figuring out child custody, which in Texas is called access and possession, has the potential to be contentious, especially if the parties cannot agree on what is in the child’s best interests. Learning to co-parent from different households can also be a challenge.
How Long Do You Have To Live In Texas Before You Can File For Divorce?
To file for a divorce in the state of Texas, at least one spouse has to have lived in the state for at least six months. In addition, one of the parties has to have lived in the county in which you are filing for at least 90 days.
Is Texas A No-Fault Divorce State?
Texas is a no-fault divorce state. This means that a spouse does not need any grounds for divorce to file for one. Without the need to prove any wrongdoing in a marriage, a spouse can focus on building their strategy for their divorce.
How Is Property Divided In A Divorce?
The state of Texas is considered a community property state when it comes to divorce. In essence, this means that all the assets and property that a couple acquired over the course of their marriage is owned equally by each spouse and must be divided equally if the parties divorce. The only exceptions are property that was acquired by one spouse or the other prior to the marriage, or property that one spouse inherited or was gifted during the marriage. An experienced property division attorney can help you better understand the community property laws and how they would apply in your divorce.
How Long Does A Divorce Typically Take In Texas?
Depending on the complexity of your divorce, you can expect it to resolve in an amount of time between two months and one year. My goal, as your legal representation, is to minimize the time it takes to settle your divorce to help you enter the next chapter of your life in confidence.
Can Anyone See Your Divorce Decree?
Divorce records in the state of Texas (and most other states) are considered part of the public record and usually are accessible to those who know to look for them. However, under certain circumstances, sometimes the court will agree to seal the records of a divorce that is considered high profile or contains highly sensitive information.
Can A Divorce Decree Be Modified Or Changed After The Divorce Is Finalized?
In order for one party or the other to make a change to the divorce decree after it is filed with the court and finalized, that party must prove that there was a substantial or material change in the circumstances of one or both of the parties. The change in circumstances also has to correlate directly with the part of the divorce decree that you would like to have amended, modified or changed. Common examples of provisions that are modified in a divorce decree include:
- Spousal support
- Child support
- Child custody, access or possession
To amend or change a divorce decree, you have to petition for modification. This must be filed with the court that handled your original divorce decree.
Meet With A Bexar County Divorce Lawyer For A Free Consultation
If you are considering filing for divorce, have already filed for divorce or have been served divorce papers, now is the best time to meet with me. Call my office at 210-987-3059 or email me here to schedule your free initial consultation today and take the first step in resolving your divorce on your terms.