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Protecting What Matters Most

San Antonio Divorce Lawyers

Representation by an Award-Winning Attorney

Sometimes people who were once deeply in love grow apart. When this happens, it usually results in divorce. Divorce can be a difficult but necessary step to move forward with your life. These situations are often emotional and many people find making decisions and correctly handling all legal aspects of a divorce challenging.

Hiring a skilled and attentive San Antonio divorce attorney can be one of the deciding factors in your case. At The Law Office of Rebecca J. Carrillo, our firm offers non-judgmental, experienced guidance through all types of divorce cases in the state of Texas.

Understanding Divorce in Texas

The laws of divorce vary depending on the state the divorce takes place. Texas is both a fault and no-fault state, so there are many factors that are taken into consideration for each case. It is also a community property state, so any property that was acquired during the marriage will be divided in an equitable or "just and right" manner. State law mandates that there is a minimum 60-day waiting period before a divorce can be finalized and this timeline begins from the time the Petition for Divorce is filed.

The grounds for divorce in Texas are:

  • Adultery
  • Cruelty
  • Abandonment for at least a year
  • Living apart for a minimum of three years
  • Felony where a spouse is imprisoned for at least a year

  • Confinement in a mental hospital

  • Insupportability

Residency Requirements for Divorce in Texas

A divorce lawsuit can be filed in Texas after you or your spouse have lived in Texas for at least 6 months and a resident of the county you intend to file in for at least 90 days. If neither of you have lived in Texas for this period of time, then you have not met the jurisdiction requirements to file and you will need to wait to file for the divorce.

How is Property Divided After Divorce?

Are assets split 50-50 in a Texas divorce? It’s one of the first questions people ask when they consider a divorce. The stress and anxiety of losing your most valuable possessions can worsen an already difficult time. However, understanding the law can save you a lot of grief and may even help you protect your assets and recover reimbursement.

Community Property

In Texas, most assets obtained during the marriage are considered “community property.” That generally means both partners have a claim overall purchases and investments. This is a two-way street, meaning both spouses may claim the other’s assets during a divorce.

Separate Property

The law presumes all assets acquired during the marriage are community property. However, one partner can claim an asset falls under one of the following exceptions.

  • Gifts offered to one partner, but not the other
  • Property owned before marriage
  • Most personal injury settlements
  • Inherited property

Keep in mind that these exceptions do not automatically apply. Successfully claiming separate property requires demonstrating these exceptions by a preponderance of the evidence (meaning slightly more likely than not). Meeting that burden of proof is best left to your divorce attorney.

Property Split

Texas law says the court will divide marital assets in a manner that is “just and right.” That language is extremely vague. While asset ownership is 50-50, the division of those assets could be unequal. It ultimately falls to a judge’s discretion and the physical and financial status of each partner.

A few factors judges may consider when determining asset division include:

  • Child custody

  • Divorce fault

  • Education

  • Employment status

  • The difference in earning potential

  • Physical health

Protect What Matters Most by Calling (210) 405-6623

When going through a divorce there are many important areas of your life that may need to be decided on. This can include child custody, spousal support, division of assets, and more. The legal system is known for being complex and a simple mistake can end up having repercussions. If your spouse has their own attorney, you will definitely want to retain your own legal representation as soon as possible.

Attorney Carrillo is an award-winning attorney who looks out for the best interests of her clients. You will be treated like family and we do not have minimum billable hours, so we will not add on any unnecessary work.

If you're considering filing for divorce, or if your spouse already has filed, contact us or call our divorce attorneys in San Antonio at (210) 405-6623.

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