Divorce in San Antonio
It is never easy for individuals in San Antonio to come to the decision to get a divorce. For many, it marks one of the hardest moments they will endure in their life. During this time it is important to get the best guidance you can in order to make informed decisions about your life and to plan for your family’s future.
At Modern Family Law, our experienced and compassionate San Antonio divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
There are two paths to getting a divorce in San Antonio, uncontested and contested divorces. An uncontested divorce is the path taken when the divorcing parties are able to agree on terms involved in the divorce. These terms include debt allocation, division of property, child custody, and any spousal & child support payments. While this path to divorce is generally less time-consuming and less expensive than a contested divorce, it can still be difficult to qualify for such a case in San Antonio. On the other hand, a contested divorce in San Antonio is the path taken when the divorcing parties are unable to agree on the terms of a divorce. Depending on how much conflict there is in a contested divorce will determine how much the divorce costs as well as how long it drags out.
Regardless of the path taken to get a divorce in San Antonio, you will want to prepare yourself as much as possible so that you make the right decisions along the way. Our experienced and empathetic San Antonio divorce attorneys understand that no divorce case is the same. They will listen to the specifics of your case, hear your concerns and goals, and provide you with the guidance and counseling necessary for a fresh start to your life.
What Are The Legal Grounds For
Divorce In San Antonio?
Insupportability
In San Antonio, this is the only grounds for divorce in which there is no-fault placed on one of the divorcing parties. In other parts of the country, these grounds are commonly referred to as irreconcilable differences. This means you are stating that there are differences in your marriage that you and your spouse are unable to overcome.
Using this no-fault assertion requires the divorcing couple to agree that their relationship cannot be reconciled due to personality conflicts and that they have simply drifted too far apart to mend their differences. Generally, this ground for divorce is less expensive and faster as the divorcing parties are able to agree on the terms of the divorce.
Cruelty
This ground for divorce is utilized when one of the parties in a marriage is being treated so poorly by their spouse that they can’t reasonably stay in that marriage. This could be due to physical abuse, derogatory language, neglect, humiliation, or threats to one’s safety.
In order to obtain a divorce on the grounds of cruelty, it is the responsibility of the spouse filing for divorce to prove that the stated means of cruelty has made the marriage intolerable for them. In showing that their spouse has deliberately acted in such a cruel manner that it is no longer an option for them to remain together.
Abandonment
This can be used as a ground for divorce in San Antonio if your spouse has left you for a year or longer and has no intention of returning. In order to successfully file for this ground for divorce the intent of the abandoning spouse to have permanently left must be proven. The act of leaving is not enough to prove this ground for divorce.
Adultery
This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage. To be eligible for this ground of divorce, the filing party must be able to prove their spouse has committed adultery. The proof of sexual intercourse won’t be necessary, however circumstantial evidence that there has been an affair is required. This evidence can come in the form of text messages, phone records, photos and videos, and any bank statements that prove that adulterous behavior has taken place.
Conviction of a Felony
San Antonio law considers it a valid ground for divorce if your spouse has been in prison for a year or more due to committing a felony. However, you should be aware of two situations in which these grounds for divorce are not applicable:
1. When the prison sentence is less than a year.
2. When the convicted individual was placed in prison based on testimony provided by their spouse.
If these situations aren’t present then the Texas family code recognizes this as a valid ground for divorce.
Living Apart
It is legal grounds for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer. In this instance, the court generally views this arrangement as being agreed upon by both spouses as the duration is so long.
Confinement to a Mental Hospital
If your spouse has been confined to a mental hospital for a period of 3 years with no signs of their mental disorder improving, this can be claimed as a valid reason to file for divorce in San Antonio. This statute was instituted with the protection of the mentally ill’s best interests in mind. In order to properly divide property, the court may appoint someone to represent the confined individual.
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Divorce in San Antonio
At Modern Family Law, our experienced and compassionate San Antonio divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices. Regardless of the path taken to get a divorce in San Antonio, you will want to prepare yourself as much as possible so that you make the right decisions along the way. Our experienced and empathetic San Antonio divorce attorneys understand that no divorce case is the same. They will listen to the specifics of your case, hear your concerns and goals, and provide you with the guidance and counseling necessary to start fresh.
What Are The Legal Grounds For
Divorce In San Antonio?
In San Antonio, this is the only ground for divorce in which there is no fault placed on one of the divorcing parties. In other parts of the country, these grounds are commonly referred to as irreconcilable differences. This means you are stating that there are differences in your marriage that you and your spouse are unable to overcome.
Using this no-fault assertion requires the divorcing couple to agree that their relationship cannot be reconciled due to personality conflicts and that they have simply drifted too far apart to mend their differences. Generally, this ground for divorce is less expensive and faster as the divorcing parties are able to agree on the terms of the divorce.
This ground for divorce is utilized when one of the parties in a marriage is being treated so poorly by their spouse that they can’t reasonably stay in that marriage. This could be due to physical abuse, derogatory language, neglect, humiliation, or threats to one’s safety.
In order to obtain a divorce on the grounds of cruelty, it is the responsibility of the spouse filing for divorce to prove that the stated means of cruelty has made the marriage intolerable for them. In showing that their spouse has deliberately acted in such a cruel manner that it is no longer an option for them to remain together.
This can be used as a ground for divorce in San Antonio if your spouse has left you for a year or longer and has no intention of returning. In order to successfully file for this ground for divorce the intent of the abandoning spouse to have permanently left must be proven. The act of leaving is not enough to prove this ground for divorce.
This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage. To be eligible for this ground of divorce, the filing party must be able to prove their spouse has committed adultery. The proof of sexual intercourse won’t be necessary, however circumstantial evidence that there has been an affair is required. This evidence can come in the form of text messages, phone records, photos and videos, and any bank statements that prove that adulterous behavior has taken place.
San Antonio law considers it a valid ground for divorce if your spouse has been in prison for a year or more due to committing a felony. However, you should be aware of two situations in which these grounds for divorce are not applicable:
1. When the prison sentence is less than a year.
2. When the convicted individual was placed in prison based on testimony provided by their spouse.
If these situations aren’t present then the Texas family code recognizes this as a valid ground for divorce.
It is legal grounds for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer. In this instance, the court generally views this arrangement as being agreed upon by both spouses as the duration is so long.
If your spouse has been confined to a mental hospital for a period of 3 years with no signs of their mental disorder improving, this can be claimed as a valid reason to file for divorce in San Antonio. This statute was instituted with the protection of the mentally ill’s best interests in mind. In order to properly divide property, the court may appoint someone to represent the confined individual.
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Our experienced divorce attorneys in San Antonio have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
How To File For Uncontested Divorce in San Antonio?
When it comes to filing for divorce in San Antonio, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced San Antonio divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below.
1. Meet The
Residency Requirements
In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Bexar County, one spouse must have also have resided in the county for at least 90 days. Filing in the wrong county will result in the dismissal of your case.
2. Get Your
Petition Of Divorce
Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce. The Bexar County clerk offers a do-it-yourself divorce packet for purchase that will walk you through the necessary forms. If you are already aware of the forms you need, you can access them from the button below.
3. File At The
County Clerks Office
Take the signed form to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Bexar County, you will go submit your forms on the 2nd floor of the Elizondo Tower found next to the court house.
4. Serve The Papers
To Your Spouse
Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers and they will need to sign a waiver of service form in the presence of a notary. It is important to note, that if your spouse has any objections to the petition they have been served it constitutes a contested divorce. In such a scenario, we advise you to contact an experienced attorney to discuss your best course of action.
5. Complete The
Final Decree
After your spouse has successfully signed the waiver of service form in front of a notary, you will complete the final divorce decree. This final document is the court order that legally ends your marriage. This document outlines the agreed-upon details of how your property and assets will be divided, any support that is to be granted, and a breakdown of parenting time with children. This document must be signed by your spouse in order to finalize an uncontested divorce.
6. Wait 60 Days
& Attend Hearing
In San Antonio, from the time you initially file for divorce, there is a 60 day waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed you will need to attend a hearing before a judge. The judge will review your divorce case, verify that everything is in order and that there are no issues, and will sign your divorce decree. Once a judge has signed your divorce decree your divorce is legally finalized.
Have Questions, Reach Out!
Our experienced divorce attorneys in San Antonio understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed!
How To File For Uncontested
Divorce in San Antonio?
When it comes to filing for divorce in San Antonio, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced San Antonio divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below.
1. Meet The
Residency Requirements
In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Bexar County, one spouse must have also have resided in the county for at least 90 days. Filing in the wrong county will result in the dismissal of your case.
2. Get Your
Petition Of Divorce
Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce. The Bexar County clerk offers a do-it-yourself divorce packet for purchase that will walk you through the necessary forms. If you are already aware of the forms you need, you can access them from the button below.
3. File At The
County Clerks Office
Take the signed form to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Bexar County, you will go submit your forms on the 2nd floor of the Elizondo Tower found next to the court house.
4. Serve The Papers
To Your Spouse
Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers and they will need to sign a waiver of service form in the presence of a notary. It is important to note, that if your spouse has any objections to the petition they have been served it constitutes a contested divorce. In such a scenario, we advise you to contact an experienced attorney to discuss your best course of action.
5. Complete The
Final Decree
After your spouse has successfully signed the waiver of service form in front of a notary, you will complete the final divorce decree. This final document is the court order that legally ends your marriage. This document outlines the agreed-upon details of how your property and assets will be divided, any support that is to be granted, and a breakdown of parenting time with children. This document must be signed by your spouse in order to finalize an uncontested divorce.
6. Wait 60 Days
& Attend Hearing
In San Antonio, from the time you initially file for divorce, there is a 60 day waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed you will need to attend a hearing before a judge. The judge will review your divorce case, verify that everything is in order and that there are no issues, and will sign your divorce decree. Once a judge has signed your divorce decree your divorce is legally finalized.
Have Questions, Reach Out!
Our experienced divorce attorneys in San Antonio understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed!
Frequently Asked Questions About Divorce in San Antonio
How much does a divorce cost in San Antonio?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a divorce attorney in San Antonio. You may also be interested in our calculators to help you determine costs.
Are there any residency requirements for obtaining a divorce in San Antonio?
Yes, Texas and Bexar County both have a residency requirement in order to file for a divorce. In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Bexar County, one spouse must have also have resided in the county for at least 90 days. Filing in the wrong county will result in the dismissal of your case.
Is there a required waiting period for getting a divorce in San Antonio?
Yes, from the time of your initial filing of the petition for divorce you will have to wait at least 60 days before you can present the final divorce decree to a judge.
Frequently Asked Questions About
Divorce In San Antonio
How much does a divorce cost in San Antonio?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a divorce attorney in San Antonio. You may also be interested in our calculators to help you determine costs.
Are there any residency requirements for obtaining a divorce in San Antonio?
Yes, Texas and Bexar County both have a residency requirement in order to file for a divorce. In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Bexar County, one spouse must have also have resided in the county for at least 90 days. Filing in the wrong county will result in the dismissal of your case.
Is there a required waiting period for getting a divorce in San Antonio?
Yes, from the time of your initial filing of the petition for divorce you will have to wait at least 60 days before you can present the final divorce decree to a judge.
Contested Divorce in San Antonio
Often times divorcing parties are unable to agree on all the terms of the divorce. In these instances, a contested divorce is the necessary path to take. The contested divorce process in San Antonio looks a little different than the uncontested process. Since there are disagreements occurring over how certain terms of the divorce are to be handled, it is important to understand this process to make the best decisions possible. The steps involved in the process are outlined below:
The first thing you will have to do in the divorce process is Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce.
You will need to specify any special accommodations when you file. This can include a temporary restraining order, the scheduling of a child custody hearing, and any other accommodations you make be seeking. Once you have filed the petition for divorce, your spouse will be served the documents and will need to respond.
Once your petition for divorce has been filed, your spouse will need to be served a court-stamped copy of the petition. Once the petition has been served to your spouse, they will have 20 days to respond. It is important to note that if you are the one being served we recommend that you consult with an attorney prior to signing or agreeing to anything contained within the petition. You will need to respond to the petition within 20 days of receiving or you will risk defaulting. Schedule a free consultation with one of our attorneys today!
This is a document issued by the court that sets the rules and expectations of each spouse during the divorce process. The purpose of an injunction is to maintain the status quo while a divorce is pending and to prevent either party from conducting unfavorable actions.
Discovery is the phase of the divorce where information pertaining to the case is requested and exchanged. This includes pertinent financial records, receipts, and any documents that can help with decisions on how to divide your marital assets, make child custody decisions, and decide any support payments.
In San Antonio, the court requires that all couples attempt mediation prior to proceeding to a divorce trial. During mediation, both parties and their respective attorneys will meet with a neutral third-party mediator to see if they can come to a settlement prior to taking the case to trial.
If a settlement cannot be agreed upon between you and your spouse during the mediation sessions, your case will go to trial to determine the contested issues. During the trial, your case will be presented before a judge who will be tasked with deciding the outcome of the divorce settlement. Typically, a divorce trial takes a duration of 1-2 days.
Lastly, your attorney will draft a final decree of divorce. This outlines the resolution of all issues in your divorce and how they are to be settled as agreed upon in mediation or determined by a judge. The final decree will need to be reviewed by a judge. Once a judge has signed your divorce decree your divorce is legally finalized.
Contested Divorce
in San Antonio
Often times divorcing parties are unable to agree on all the terms of the divorce. In these instances, a contested divorce is the necessary path to take. The contested divorce process in San Antonio looks a little different than the uncontested process. Since there are disagreements occurring over how certain terms of the divorce are to be handled, it is important to understand this process to make the best decisions possible. The steps involved in the process are outlined below:
The first thing you will have to do in the divorce process is Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce.
You will need to specify any special accommodations when you file. This can include a temporary restraining order, the scheduling of a child custody hearing, and any other accommodations you make be seeking. Once you have filed the petition for divorce, your spouse will be served the documents and will need to respond.
Once your petition for divorce has been filed, your spouse will need to be served a court-stamped copy of the petition. Once the petition has been served to your spouse, they will have 20 days to respond. It is important to note that if you are the one being served we recommend that you consult with an attorney prior to signing or agree to anything contained within the petition. You will need to respond to the petition within 20 days of receiving or you will risk defaulting. Schedule a free consultation with one of our attorneys today!
This is a document issued by the court that sets the rules and expectations of each spouse during the divorce process. The purpose of an injunction is to maintain the status quo while a divorce is pending and to prevent either party from conducting unfavorable actions.
Discovery is the phase of the divorce where information pertaining to the case is requested and exchanged. This includes pertinent financial records, receipts, and any documents that can help with decisions on how to divide your marital assets, make child custody decisions, and decide any support payments.
In San Antonio, the court requires that all couples attempt mediation prior to proceeding to a divorce trial. During mediation, both parties and their respective attorneys will meet with a neutral third-party mediator to see if they can come to a settlement prior to taking the case to trial.
If a settlement cannot be agreed upon between you and your spouse during the mediation sessions, your case will go to trial to determine the contested issues. During the trial, your case will be presented before a judge who will be tasked with deciding the outcome of the divorce settlement. Typically, a divorce trial takes a duration of 1-2 days.
Lastly, your attorney will draft a final decree of divorce. This outlines the resolution of all issues in your divorce and how they are to be settled as agreed upon in mediation or determined by a judge. The final decree will need to be reviewed by a judge. Once a judge has signed your divorce decree your divorce is legally finalized.
Experienced San Antonio Divorce Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
We are growing all the time and always adding local talent to our team. We want to serve the community and that starts by being part of it. Browse our San Antonio attorneys to learn more about them and to see if one would be a good fit for you.
Our San Antonio Philosophy
If you haven’t noticed yet, we’re a different type of family law firm. Many people hire a family law firm with expectations of winning fights and hurting the other party as much as possible. However, that isn’t the business we are in. We understand the hurt and anger that come with such circumstances, but we can promise both of those emotions uncontrolled can make things worse.
Our goal is to remove as much conflict as possible to help you get through your situation in a more effective and efficient manner. This approach decreases everyday stress and the need to make rash decisions during the process. We want to react with logic not emotion when getting you to the next stage of your life.
Our San Antonio Office Location
Additional Divorce Practice Areas
Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.
Experienced
San Antonio
Divorce Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
We are growing all the time and always adding local talent to our team. We want to serve the community and that starts by being part of it. Browse our San Antonio attorneys to learn more about them and to see if one would be a good fit for you.
Our San Antonio
Office Location
Additional Divorce
Practice Areas
Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.
Meet Our Team Of Experienced
San Antonio Divorce Attorneys
Learn Why Our San Antonio Family Law Attorneys
Are Passionate About Practicing Family Law
See What Our Customers Are Saying About Our Divorce Attorney’s In San Antonio
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
Additional Resources About
Divorce in San Antonio
Questions To Ask A Texas Divorce Lawyer
Choosing the right Texas divorce lawyer is crucial to the outcome of your case. Here are 5 questions to help you choose the right divorce lawyer.
Legal Grounds For Divorce In Texas
Historically, individuals needed legal grounds based on fault in order to obtain a divorce in Texas. Learn how the legal grounds for divorce in Texas have changed.
5 Considerations For Choosing The Right Divorce Lawyer
Selecting a divorce lawyer is crucial to the outcome of your case. Here are considerations to help you choose the right lawyer!