Family Law in San Antonio
Managing family legal issues on your own in San Antonio can be difficult and less successful without an experienced family law attorney on your side. While no outcome is guaranteed, having a professional help you avoid the pitfalls of the process can be priceless for everyone involved. In San Antonio, family law refers to the legal practice area focused on matters related to family relationships. Some of the major practice areas covered under San Antonio family law include divorce, child support and custody, adoption, paternity, and alimony. Family law attorneys practicing in San Antonio aid their clients during court proceedings, and negotiations, and provide general guidance through these difficult times. While divorce and matters related to family law can often feel like the end, our family law attorneys in San Antonio will help you refocus on what is most important and make this a time of renewal.
What Practice Areas Are Included In
San Antonio Family Law?
Divorce in San Antonio
In San Antonio, divorce is understood to be the optional process of terminating a marriage or marital union. This requires going through a legal matter to dissolve the marriage which can be a very stressful time in one’s life. Understanding the seven grounds for divorce under San Antonio law can alleviate some of this hardship.
Grounds for Divorce in San Antonio
Insupportability – 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.
Cruelty – This grounds 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.
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.
Adultery – This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage.
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.
Living Apart – It is of legal ground for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer.
Confinement in a mental hospital – If your spouse has been confined to a mental hospital for a period of 3 years with no signs of the mental disorder improving, this ground can be claimed as a valid reason to file for divorce in San Antonio.
Child & Spousal Support in San Antonio
Child Support San Antonio
In San Antonio, physical custody of a child refers to the amount of time a parent spends with a child. This custody determines who will make child support payments. While it is possible for a court to order both parents to pay to support a child, generally it is the noncustodial parent, meaning the parent that spends the least amount of time with the child or children, that pays child support.
The amount owed in child support payments is calculated based on a percentage of the noncustodial parent’s income. You can estimate potential child support payments in San Antonio using our child support calculator.
Spousal Support San Antonio
Spousal support, also known as spousal maintenance or alimony, is unique in San Antonio. This refers to a court-ordered payment to your former spouse following a divorce. Factors such as the length of your marriage and the difference in earnings between former spouses all contribute to the amount of spousal support owed.
San Antonio, TX, unlike other states, is distinctive as the law limits the amount of spousal maintenance that can be paid to a spouse. Payments are capped and may not exceed more than 20% of the spouse’s average monthly gross income or $5,000, whichever is less. You can use our spousal maintenance calculators to help determine these support payments in San Antonio.
Child Custody (Conservatorship) in San Antonio
In San Antonio the legal term used to refer to child custody is conservatorship. A parent who has been granted conservatorship rights of their children maintains both physical and legal custody. Physical custody allows the parent to decide where their children live. Legal custody encompasses decisions about the children’s religion, schools they attend, extracurriculars they participate in, medical treatment, and more.
San Antonio courts can grant a joint managing conservatorship where both parents share in their children’s custody or a sole managing conservatorship where a single parent has sole custody. In most cases, the law caters to keeping children in contact with both parents unless there is evidence of a reason not to do so. These reasons include a parent’s physical location, history of being abusive, or a past track record of being unreliable regarding matters with the children. You can utilize our parenting time calculator to gain a better understanding of what your conservatorship agreement may look like.
Separation in San Antonio
In San Antonio, the only legal means for separating from one’s spouse is through a divorce. Texas is among the few states that don’t recognize legal separation. A legal separation is an agreement between two parties outlining matters of custody, support, and residency, all while not officially terminating the marriage. This allows the separated parties time to evaluate whether or not they want to permanently separate or eventually get back together.
While legal separation isn’t an option for struggling couples in San Antonio, there are still options that our compassionate family law attorneys in San Antonio can assist with. One such option is a contractual separation in which legal documentation is put in place to frame the division of assets, parental rights, and child support.
Common-Law Marriage in San Antonio
San Antonio allows for what is known as a common-law marriage. There is no set time for living together that governs whether a couple can enter into a common-law marriage. Instead, the stipulating guidelines for proving a common-law marriage in San Antonio are as follows:
1) A couple must agree that they are married;
2) The couple must live together;
3) “Hold out” to others that they married.
All of these conditions must be simultaneously present in order for a San Antonio couple to establish a common-law marriage. The third requirement describing a “hold out” simply means that the parties must represent to others that they are married.
Paternity in San Antonio
Paternity is the word for describing the legal fatherhood of a child. In San Antonio, married couples do not need to take additional legal steps to establish paternity.
When it comes to parents of a newborn child that aren’t married to each other, the law does NOT recognize the biological father as a legal parent. A biological father who is not married to the mother of their child does NOT have legal rights to his child until he becomes a legal parent. Paternity must be established first.
There are three ways to establish paternity:
1) Marriage – When the biological father legally marries the child’s mother he is then automatically regarded as the child’s father establishing legal paternity.
2) Acknowledgment of Paternity – When the parents of a child are not married, this is a legal form signed by both the father and mother in which they both agree to the biological father of the child.
3) Court Order – Another option for unmarried parents is to get a court order in which the legal father of a child is established.
Decree Modification in San Antonio
In San Antonio, a post-decree proceeding can happen after a divorce has been finalized. Once a decision is made, a divorced party may demand changes to the divorce agreement. One would think that once a divorce is final, there would be no alterations, but circumstances can change. In San Antonio, modifications to divorce decrees are allowed when both sides of the divorced parties agree to alter the terms, or when there have been changes in circumstances of one or both of the parties or a child.
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Family Law in
San Antonio
In San Antonio, family law refers to the legal practice area focused on matters related to family relationships. Some of the major practice areas covered under San Antonio family law include divorce, child support and custody, adoption, paternity, and alimony. Family law attorneys practicing in San Antonio aid their clients during court proceedings, and negotiations, and provide general guidance through these difficult times. While divorce and matters related to family law can often feel like the end, our family law attorneys in San Antonio will help you refocus on what is most important and make this a time of renewal.
What Practice Areas Are Included In
San Antonio Family Law?
In San Antonio, divorce is understood to be the optional process of terminating a marriage or marital union. This requires going through a legal matter to dissolve the marriage which can be a very stressful time in one’s life. Understanding the seven grounds for divorce under San Antonio law can alleviate some of this hardship.
Grounds for Divorce in San Antonio
Insupportability – 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.
Cruelty – This grounds 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.
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.
Adultery – This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage.
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.
Living Apart – It is of legal ground for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer.
Confinement in a mental hospital – If your spouse has been confined to a mental hospital for a period of 3 years with no signs of the mental disorder improving, this ground can be claimed as a valid reason to file for divorce in San Antonio.
Child Support San Antonio
In San Antonio, physical custody of a child refers to the amount of time a parent spends with a child. This custody determines who will make child support payments. While it is possible for a court to order both parents to pay to support a child, generally it is the noncustodial parent, meaning the parent that spends the least amount of time with the child or children, that pays child support.
The amount owed in child support payments is calculated based on a percentage of the noncustodial parent’s income. You can estimate potential child support payments in San Antonio using our child support calculator.
Spousal Support San Antonio
Spousal support, also known as spousal maintenance or alimony, is unique in San Antonio. This refers to a court-ordered payment to your former spouse following a divorce. Factors such as the length of your marriage and the difference in earnings between former spouses all contribute to the amount of spousal support owed.
San Antonio, TX, unlike other states, is distinctive as the law limits the amount of spousal maintenance that can be paid to a spouse. Payments are capped and may not exceed more than 20% of the spouse’s average monthly gross income or $5,000, whichever is less. You can use our spousal maintenance calculators to help determine these support payments in San Antonio.
In San Antonio the legal term used to refer to child custody is conservatorship. A parent who has been granted conservatorship rights of their children maintains both physical and legal custody. Physical custody allows the parent to decide where their children live. Legal custody encompasses decisions about the children’s religion, schools they attend, extracurriculars they participate in, medical treatment, and more.
San Antonio courts can grant a joint managing conservatorship where both parents share in their children’s custody or a sole managing conservatorship where a single parent has sole custody. In most cases, the law caters to keeping children in contact with both parents unless there is evidence of a reason not to do so. These reasons include a parent’s physical location, history of being abusive, or a past track record of being unreliable regarding matters with the children. You can utilize our parenting time calculator to gain a better understanding of what your conservatorship agreement may look like.
In San Antonio, the only legal means for separating from one’s spouse is through a divorce. Texas is among the few states that don’t recognize legal separation. A legal separation is an agreement between two parties outlining matters of custody, support, and residency, all while not officially terminating the marriage. This allows the separated parties time to evaluate whether or not they want to permanently separate or eventually get back together.
While legal separation isn’t an option for struggling couples in San Antonio, there are still options that our compassionate family law attorneys in San Antonio can assist with. One such option is a contractual separation in which legal documentation is put in place to frame the division of assets, parental rights, and child support.
San Antonio allows for what is known as a common-law marriage. There is no set time for living together that governs whether a couple can enter into a common-law marriage. Instead, the stipulating guidelines for proving a common-law marriage in San Antonio are as follows:
1) A couple must agree that they are married;
2) The couple must live together;
3) “Hold out” to others that they married.
All of these conditions must be simultaneously present in order for a San Antonio couple to establish a common-law marriage. The third requirement describing a “should out” simply means that the parties must represent to others that they are married.
Paternity is the word for describing the legal fatherhood of a child. In San Antonio, married couples do not need to take additional legal steps to establish paternity.
When it comes to parents of a newborn child that aren’t married to each other, the law does NOT recognize the biological father as a legal parent. A biological father who is not married to the mother of their child does NOT have legal rights to his child until he becomes a legal parent. Paternity must be established first.
There are three ways to establish paternity:
1) Marriage – When the biological father legally marries the child’s mother he is then automatically regarded as the child’s father establishing legal paternity.
2) Acknowledgment of Paternity – When the parents of a child are not married, this is a legal form signed by both the father and mother in which they both agree to the biological father of the child.
3) Court Order – Another option for unmarried parents is to get a court order in which the legal father of a child is established.
In San Antonio, a post-decree proceeding can happen after a divorce has been finalized. Once a decision is made, a divorced party may demand changes to the divorce agreement. One would think that once a divorce is final, there would be no alterations, but circumstances can change. In San Antonio, modifications to divorce decrees are allowed when both sides of the divorced parties agree to alter the terms, or when there have been changes in circumstances of one or both of the parties or a child.
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Ready To Listen
Our experienced family law attorneys in San Antonio have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
San Antonio Family Law Attorney Fees
We have a few ways to help minimize the cost of our legal fees. It’s important to remember, we never know the outcome of a family law case. Each situation is different and requires different needs. Due to this, we are unable to predict the final cost of a case. Some matters can be a couple of thousand, while others can be tens of thousands.
Generally, the largest factor in the cost of a family legal matter comes from the amount of conflict that exists. If fights are happening about who keeps the big house plant, it is safe to say your attorney fees will be higher. Use our online calculator to get a better estimate of an attorney’s fees when there is conflict involved.
Attorneys, regardless of the firm, should never be quoting a final price to anyone. We want to set realistic expectations for clients and no attorney can do that by quoting a case before work is actually done. As a top-rated law firm, we have ways to help minimize the cost of a family lawyer when it comes to divorces, custody, support, and other family-related legal needs.
SimpleStart™
Program
Our SimpleStart™ program is an innovative approach to offer relief from the typically high upfront legal fees an individual has to come up with before their case can begin. Anyone can apply with a simple credit check to reduce their initial deposit with Modern Family Law. Typically, our attorney’s deposits (or retainers) will range from $2500 to $5000.
Two-Payment Deposit
If the SimpleStart™ program doesn’t work for you, we also allow individuals to fulfill their initial deposit needs in two payments. The purpose of this option is for those that may be straddling a paycheck and don’t have the full amount upfront. This is not a payment plan and we will not extend payment options or amounts.
Third-Party Payors
Lastly, we allow others (family, friends) to apply for our SimpleStart™ program or use their credit cards to help fund a family matter. While the person paying gets no insight into the case itself or access to the legal team, they will get the itemized statements twice a month.
As a firm-wide policy, we require a credit card to be on file. We do not charge the card unless there is a delinquency in billing. However, it’s important to note and be transparent with potential clients upfront so there are no surprises later.
San Antonio Family Law
Attorney Fees
We have a few ways to help minimize the cost of our legal fees. It’s important to remember, we never know the outcome of a family law case. Each situation is different and requires different needs. Due to this, we are unable to predict the final cost of a case. Some matters can be a couple of thousand, while others can be tens of thousands.
Generally, the largest factor in the cost of a family legal matter comes from the amount of conflict that exists. If fights are happening about who keeps the big house plant, it is safe to say your attorney fees will be higher. Use our online calculator to get a better estimate of an attorney’s fees when there is conflict involved.
Attorneys, regardless of the firm, should never be quoting a final price to anyone. We want to set realistic expectations for clients and no attorney can do that by quoting a case before work is actually done. As a top-rated law firm, we have ways to help minimize the cost of a family lawyer when it comes to divorces, custody, support, and other family-related legal needs.
SimpleStart™ Program
Our SimpleStart™ program is an innovative approach to offer relief from the typically high upfront legal fees an individual has to come up with before their case can begin. Anyone can apply with a simple credit check to reduce their initial deposit with Modern Family Law. Typically, our attorney’s deposits (or retainers) will range from $2500 to $5000.
Two-Payment Deposit
If the SimpleStart™ program doesn’t work for you, we also allow individuals to fulfill their initial deposit needs in two payments. The purpose of this option is for those that may be straddling a paycheck and don’t have the full amount upfront. This is not a payment plan and we will not extend payment options or amounts.
Third-Party Payors
Lastly, we allow others (family, friends) to apply for our SimpleStart™ program or use their credit cards to help fund a family matter. While the person paying gets no insight into the case itself or access to the legal team, they will get the itemized statements twice a month.
As a firm-wide policy, we require a credit card to be on file. We do not charge the card unless there is a delinquency in billing. However, it’s important to note and be transparent with potential clients upfront so there are no surprises later.
Frequently Asked Questions About San Antonio Family Law
How much does a family lawyer 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 family law attorney in San Antonio. You may also be interested in our calculators to help you determine costs.
How is child support calculated in Texas?
The person who pays child support in Texas is the obligor, the person receiving child support is the obligee. In 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case. That percentage is then applied to the individual’s net resources. The same guidelines for child support are still in effect today.
The Calculation of Child Support in Texas is a 5-Step Process:
1. Identify all sources of income of the individual ordered to pay child support.
2. Deduct all qualified items to determine net resources.
3. Determine the proper percentage for guideline support.
4. Evaluate additional factors that may allow for a deviation from guidelines.
5. Determine whether an automatic reduction in child support is applicable.
Learn more about Texas child support or try our Texas child support calculator.
What constitutes family violence in Texas and what protective orders are in place to help?
Domestic violence is family violence under the Texas Family Code. Domestic violence victims have remedies available to them under the Texas Penal Code and the Texas Family Code. Often an offender of domestic violence will be subject to criminal court charges as well as civil sanctions from family courts.
There is no requirement under Texas law for actual physical violence to have occurred for the Court to issue a protective order due to family violence. Angry outbursts are sufficient to support a protective order even though there is no evidence of physical violence. Family violence can also be based on a threat that reasonably places the person receiving the threat in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.
Protective orders under the family code are granted based on family violence which is defined as:
1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
2. Abuse by a member of the family or household against a child of the family or household; or
3. Dating violence against a member of a dating relationship or a third party.
Learn more about family violence and protective orders in Texas.
Frequently Asked Questions About
San Antonio Family Law
How much does a family lawyer 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 family law attorney in San Antonio. You may also be interested in our calculators to help you determine costs.
How is child support calculated in Texas?
The person who pays child support in Texas is the obligor, the person receiving child support is the obligee. In 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case. That percentage is then applied to the individual’s net resources. The same guidelines for child support are still in effect today.
The Calculation of Child Support in Texas is a 5-Step Process:
1. Identify all sources of income of the individual ordered to pay child support.
2. Deduct all qualified items to determine net resources.
3. Determine the proper percentage for guideline support.
4. Evaluate additional factors that may allow for a deviation from guidelines.
5. Determine whether an automatic reduction in child support is applicable.
Learn more about Texas child support or try our Texas child support calculator.
What constitutes family violence in Texas and what protective orders are in place to help?
Domestic violence is family violence under the Texas Family Code. Domestic violence victims have remedies available to them under the Texas Penal Code and the Texas Family Code. Often an offender of domestic violence will be subject to criminal court charges as well as civil sanctions from family courts.
There is no requirement under Texas law for actual physical violence to have occurred for the Court to issue a protective order due to family violence. Angry outbursts are sufficient to support a protective order even though there is no evidence of physical violence. Family violence can also be based on a threat that reasonably places the person receiving the threat in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.
Protective orders under the family code are granted based on family violence which is defined as:
1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
2. Abuse by a member of the family or household against a child of the family or household; or
3. Dating violence against a member of a dating relationship or a third party.
Learn more about family violence and protective orders in Texas.
Experienced Texas 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 Family Law Practice Areas
Family law or domestic cases include a wide array of cases that deal with relationships and the children of relationships. Typically, family law includes:
Experienced
Texas 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 Family Law
Practice Areas
Family law or domestic cases include a wide array of cases that deal with relationships and the children of relationships. Typically, family law includes:
Meet Our Team Of Experienced
San Antonio Family Law Attorneys
See What Our Clients Are Saying About Our Family Law Attorneys 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
San Antonio Family Law
5 Reasons to Hire a San Antonio Family Law Attorney
An experienced San Antonio family law attorney can help you understand and navigate legal issues involving divorce, custody, support, and more. Learn about how they can assist you with your family matter.
Domestic Violence and Protective Orders in Texas
Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.
What Are Examples of Texas Family Law Cases?
Determining whether or not your case falls under Texas family law can be difficult. Read about the different matters that qualify as family law cases in Texas.