San Antonio Divorce Attorney

Board-Certified Family Law. No Billable Hour Minimums. Serving Bexar County Since 2009.

Divorce reshapes every part of your life: where your children live, how property and debt are divided, and what your financial picture looks like for years to come. The attorney you choose matters. The Law Office of Rebecca J. Carrillo has represented San Antonio families through divorce since 2009, and Attorney Rebecca J. Carrillo holds board certification in family law from the Texas Board of Legal Specialization, a distinction fewer than 1% of Texas attorneys earn. That credential means she has met rigorous standards of experience, continuing education, and peer evaluation specific to family law.

Our firm carries a 10.0 Superb Avvo Rating and serves clients throughout San Antonio and Bexar County. We don’t carry minimum billable hours, which means we won’t pad your case with unnecessary work. If you’re ready to talk, reach out to our team and we’ll start by listening.

To speak with a San Antonio divorce attorney, call (210) 405-6623 or contact us online to schedule a consultation.

Types of Divorce We Handle in San Antonio

Not every divorce follows the same path. The right approach depends on what you and your spouse agree on, what assets are involved, and whether children are part of the picture. We handle the full range of divorce matters for Bexar County clients.

Uncontested Divorce
When both spouses agree on property, custody, and support, an uncontested divorce moves through the process faster and at lower cost. We offer a flat fee option for qualifying uncontested cases so you know the cost upfront.

Contested Divorce
When spouses disagree on one or more material issues, a judge resolves those disputes. Attorney Carrillo prepares each contested matter thoroughly, from discovery through hearing.

Collaborative Divorce
Collaborative divorce keeps both parties and their attorneys working outside of court toward a negotiated resolution. It works well when communication is possible but formal litigation feels unnecessary.

Military Divorce
Military divorce involving active-duty service members or veterans carries unique considerations, including benefit division and the Servicemembers Civil Relief Act. We handle these cases for San Antonio military families.

High Net Worth Divorce
Complex asset portfolios, business interests, and retirement accounts require careful analysis. We work to support accurate property characterization and valuation.

Same-Sex Divorce
Same-sex divorce involves the same Texas law framework as any other divorce, including property division and conservatorship. We represent same-sex couples navigating those issues throughout Bexar County.

In every divorce matter, Attorney Carrillo addresses child custody and conservatorship, spousal maintenance, and division of assets as part of a complete legal strategy.

How Long Does a Divorce Take in Texas?

Texas requires a 60-day waiting period from the date the divorce petition is filed, so the earliest a divorce can be finalized is 61 days after filing. If there has been family violence, a court may waive the waiting period. That said, most divorces take considerably longer. On average, a Texas divorce takes six months to one year to finalize, depending on whether the parties dispute property division, spousal support, or child custody. Bexar County court docket volume can also push hearing dates beyond the minimum waiting period.

Is Texas a No-Fault State for Divorce?

Texas allows no-fault divorce, which means a spouse can file without proving wrongdoing by the other party. All that’s required is to allege insupportability, also called irreconcilable differences. A no-fault divorce can also be filed if you and your spouse have lived apart without cohabitation for at least three years.

Grounds for Filing for Divorce in Texas

While you can file under no-fault grounds, Texas also allows fault-based divorce under the Texas Family Code. Filing on fault grounds can matter: a judge may award a greater share of marital property to the spouse who was not at fault. Texas law recognizes the following grounds for divorce:

Is Dating During a Divorce Considered Adultery?

In Texas, adultery is one of the fault-based grounds for divorce. Texas courts may consider dating during divorce proceedings as adultery even if the spouses are separated and living apart. Because adultery can affect both property division and spousal maintenance, it’s worth discussing with an attorney before making decisions during the pendency of your case.

Is There Legal Separation in Texas?

Texas doesn’t recognize legal separation. Even if you and your spouse are living apart, all property acquired during that time is still community property under Texas law and remains subject to division. Likewise, debt incurred during the marriage stays community debt until the divorce decree is issued. You remain legally married until the divorce is finalized, and that status has real financial implications worth accounting for throughout the process.

With any questions, consult with our experienced Texas divorce lawyer by contacting us online or giving us a call at (210) 405-6623.

Texas Divorce Residency Requirements

To file for divorce in Texas, at least one spouse must have lived in the state for at least six months and been a resident of the county where they intend to file for at least 90 days. In Bexar County, divorce petitions are filed with the Bexar County District Clerk’s office. If neither spouse meets those thresholds, the jurisdictional requirements haven’t been satisfied, and filing will need to wait.

Getting Divorced in Texas Without a Lawyer

Self-representation is legally permitted in Texas, but the practical risks are significant when custody, child support, and property division are contested. Common pitfalls include paperwork errors, missed deadlines, and failure to comply with Bexar County-specific filing requirements, any of which can delay the case or lead to terms that may be difficult to modify later.

Working with an attorney offers concrete advantages:

• Legal guidance that supports both your current and future interests
• Reduced burden of managing documents and procedural requirements
• Avoidance of errors that arise without courtroom experience
• Prevention of delays caused by incomplete or incorrect filings
• A developed strategy for negotiation, mediation, and court

Our Texas divorce lawyers work with you to make sure both your short- and long-term goals are prioritized. Because we don’t carry minimum billable hours, we won’t add unnecessary work to your case.

Dividing Assets in a San Antonio Divorce

Whether assets are split 50-50 is one of the first questions people ask when they start thinking about divorce. The short answer is no, not necessarily. Texas follows the community property framework, but the court divides marital assets in a manner that is “just and right” rather than automatically equal.

Community Property
Most assets acquired during the marriage are community property under Texas law, meaning both spouses have a claim over purchases, investments, and income earned during the marriage. Intellectual property created during the marriage may also be treated as community property, which is worth addressing early in cases where it has significant value.

Separate Property
One spouse can claim an asset as separate property if it falls under a recognized exception:

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

These exceptions don’t apply automatically. Claiming separate property requires demonstrating the exception by a preponderance of the evidence, and building that case is best handled by your attorney.

How the Court Divides Property
A judge has discretion to award an unequal division based on the circumstances of each spouse. Factors a judge may consider include:

• Child custody arrangements
• Fault in the divorce
• Education level
• Employment status
• Difference in earning potential
• Physical health

Why San Antonio Families Choose The Law Office of Rebecca J. Carrillo

Attorney Rebecca J. Carrillo is board-certified in family law by the Texas Board of Legal Specialization, a credential that reflects demonstrated experience and tested knowledge in this practice area. She has served as a San Antonio divorce lawyer since 2009. That experience is reflected in the firm’s recognition record: Texas Super Lawyers Rising Stars from 2013 through 2017, named to The National Advocates Top 100 Lawyers list in 2016, the American Institute of Family Law Attorneys 10 Best of 2016 Client Satisfaction award, and the Martindale-Hubbell Gold Client Champion designation (2018).

What clients consistently tell us matters most is straightforward communication. Before we proceed, we give each client a clear picture of potential costs, possible outcomes, and the legal implications of their options. Every case receives a personalized strategy built around that client’s custody, property, and support circumstances. No two divorces are the same, and we don’t treat them that way.

Mediation & Alternative Dispute Resolution for San Antonio Divorces

Mediation allows both spouses to negotiate terms privately, often reducing time, cost, and conflict compared to a contested court hearing. Bexar County courts may require spouses to attempt mediation before a contested hearing date is set, and a successful mediation typically requires only a brief court appearance to finalize the agreement. Sensitive details stay out of the public court record, which matters to many clients.

Mediation and collaborative divorce aren’t the right fit for every situation. When there is a history of domestic violence, hidden assets, or a complete breakdown in communication, litigation provides the structure and protection those circumstances require. Attorney Carrillo and our team evaluate each client’s situation and recommend the path that may best serve their goals, whether that’s negotiation, mediation, collaboration, or court.

Start Your Case with a Firm That Treats You Like Family

Divorce touches every important area of your life, from child custody and spousal support to division of assets. The legal system is complex, and a single mistake can carry lasting consequences. If your spouse has already retained an attorney, securing your own representation as soon as possible is an important step you can take.

Attorney Carrillo is an award-winning San Antonio divorce attorney who looks out for the best interests of her clients. You’ll be treated like family, and because we don’t carry minimum billable hours, we won’t add unnecessary work to your case.