Going through a divorce or child custody dispute can be one of the most challenging experiences in life. At The Cook Law Firm & Associates, PLLC, we understand the emotional and legal issues you’re facing. As experienced San Antonio divorce lawyers and child custody attorneys, we’re here to guide you through this difficult time. Below, we’ve answered some frequently asked questions to help you better understand the divorce and child custody process in San Antonio, Texas.
What Are the Grounds for Divorce in San Antonio?
Texas is a “no-fault” divorce state. This means you don’t need to prove that your spouse did something wrong to get a divorce. The most common reason cited is “insupportability,” which means the marriage has become unworkable due to conflict or differences. However, you can also file for divorce based on fault grounds like adultery, cruelty, or abandonment if you choose.
How Long Does It Take to Get Divorced in San Antonio?
In Texas, there’s a mandatory 60-day waiting period from the date you file for divorce until it can be finalized. However, most divorces take longer, especially if they’re contested. Uncontested divorces can be completed in a few months, while complex, contested divorces might take a year or more.
Do I Need a San Antonio Divorce Lawyer?
While it’s possible to file for divorce without a lawyer, it’s not recommended. Divorce laws can be complicated, and having an experienced San Antonio divorce lawyer like Justin D. Cook on your side can help protect your rights and interests. This is especially important if your divorce involves children, significant assets, or disputes with your spouse.
How Is Property Divided in a San Antonio Divorce?
Texas is a community property state. This means that most property acquired during the marriage is considered to belong equally to both spouses, regardless of who earned it or whose name is on the title. However, “equitable” division doesn’t always mean a 50/50 split. The court will consider various factors to determine a fair division of assets and debts.
Is There Alimony in Texas?
It’s important to note that there is NO ALIMONY in Texas. However, Texas does have “spousal maintenance” in limited circumstances. This is different from alimony and is only awarded if the spouse seeking support lacks sufficient property to meet their reasonable needs AND meets certain other criteria, such as being unable to earn sufficient income due to a disability or caring for a child with special needs.
How Is Child Custody Determined in San Antonio?
In Texas, child custody is referred to as “conservatorship.” The court’s primary concern is always the best interest of the child. Judges prefer to award joint managing conservatorship when possible, which means both parents share decision-making rights and responsibilities. However, one parent is usually named the primary conservator, with whom the child primarily resides.
Can I Modify a Child Custody Order?
Yes, child custody orders can be modified if there has been a significant change in circumstances since the original order was made. This could include changes in a parent’s living situation, work schedule, or the child’s needs. As experienced San Antonio child custody lawyers, we can help you navigate the modification process.
How Is Child Support Calculated in San Antonio?
Child support in Texas is calculated based on a % of the non-custodial parent’s net income. The % increases with the number of children being supported. For example, for one child, it’s typically 20% of the non-custodial parent’s net income. However, there are caps on child support for high-income earners.
What If My Spouse Doesn’t Want a Divorce?
In Texas, if one spouse wants a divorce, they can get one even if the other spouse objects. This is part of the “no-fault” divorce system. However, an uncooperative spouse can make the process more complicated and time-consuming.
What Is a Temporary Restraining Order in a Divorce Case?
A Temporary Restraining Order (TRO) is often issued at the beginning of a divorce case to maintain the status quo. It typically prevents both parties from selling assets, changing insurance policies, or making other significant financial changes until the divorce is finalized.
How Are Retirement Accounts Divided in a Texas Divorce?
Retirement accounts acquired during the marriage are generally considered community property in Texas. They can be divided through a Qualified Domestic Relations Order (QDRO). Our experienced attorneys can help ensure these valuable assets are properly valued and divided.
What Happens to the Family Home in a Divorce?
The family home is often one of the largest assets in a divorce. Options include selling the home and dividing the proceeds, one spouse buying out the other’s interest, or one spouse remaining in the home for a set period (often until children graduate). We can help you understand your options and negotiate the best outcome.
How Do I Choose the Right San Antonio Divorce Lawyer?
When choosing a San Antonio divorce lawyer, look for someone with extensive experience in family law, a track record of success, and a communication style that makes you feel comfortable. At The Cook Law Firm & Associates PLLC, we pride ourselves on our personalized approach and dedication to our clients.
What Sets The Cook Law Firm & Associates PLLC Apart?
Led by Managing Partner Justin D. Cook, our firm brings over 15 years of experience to your case. We take a compassionate yet aggressive approach to family law matters. Our team is dedicated to building strong attorney-client relationships based on trust and open communication.
How Can I Get Started with My Divorce or Child Custody Case?
The first step is to schedule a consultation with our office. During this meeting, we’ll discuss your specific situation, explain your legal options, and start developing a strategy to protect your rights and interests.
Remember, every divorce and child custody case is unique. While these FAQs provide general information, it’s crucial to get personalized legal advice for your specific situation. At The Cook Law Firm & Associates PLLC, we’re committed to guiding you through every step of your family law matter.
If you’re facing a divorce or child custody dispute in San Antonio, don’t navigate this challenging time alone. Contact The Cook Law Firm & Associates PLLC, at 210-740-0281 to schedule a consultation. Let our experienced San Antonio divorce lawyers and child custody attorneys help you safeguard your future and your family’s well-being.