How long does a divorce take in Texas?

In Texas, a divorce takes at least 60 days due to the mandatory waiting period, but contested cases can take several months or longer, depending on their complexity.

Do I need to prove fault to get a divorce in Texas?

No, Texas allows for no-fault divorce, meaning you don’t have to prove wrongdoing. However, fault-based grounds like adultery or cruelty can impact property division and spousal support.

Can I get divorced if my spouse doesn’t agree?

Yes. If one spouse files for divorce and the other refuses to participate, the court can still grant the divorce through a default judgment.

How do Texas courts determine child custody?

Texas courts prioritize the child’s best interests, considering factors like parental involvement, stability, and the child’s emotional and physical needs. Joint custody (conservatorship) is common, but one parent may have primary custody.

Can a child choose which parent to live with?

At age 12 or older, a child can express a preference, but the court makes the final decision based on their best interests.

How is child support calculated in Texas?

Child support is based on a percentage of the noncustodial parent’s income, typically 20% for one child, 25% for two, and increasing with additional children, subject to state guidelines.

Can child custody or support orders be modified?

Yes. If there’s a significant change in circumstances, such as a job loss or relocation, you can request a modification through the court.

What is considered community property in Texas?

Community property includes assets and debts acquired during the marriage, while separate property (owned before marriage or received as a gift/inheritance) is not divided in a divorce.

Will my spouse get half of everything in a divorce?

Not necessarily. While Texas follows community property laws, courts consider factors like earning potential, fault in the marriage, and financial needs when dividing assets.

What happens if my spouse hides assets during the divorce?

If a spouse attempts to hide assets, legal action can be taken to uncover and equitably distribute them. Courts may penalize a spouse for financial dishonesty.

Can we decide on property division without going to court?

Yes, if both parties agree on property division, they can create a legally binding agreement without court intervention. Mediation can also help resolve disputes.

Who qualifies for spousal support (alimony) in Texas?

Texas law limits spousal support to cases where the requesting spouse lacks sufficient income and meets specific conditions, such as a marriage lasting 10+ years or the spouse being a victim of domestic abuse.

How is spousal support calculated?

Texas limits spousal support to the lesser of $5,000 per month or 20% of the paying spouse’s income, with duration based on marriage length and other factors.

Can spousal support be modified?

Yes. If there’s a substantial change in circumstances, such as job loss or remarriage, either party can request a modification.

Does adultery affect alimony in Texas?

Yes. If a spouse is found to have committed adultery, the court may reduce or deny their request for spousal support.

San Antonio Experirnced Divorce Lawyers

Supportive Legal Services for Divorce, Custody & Family Law

At Roberson Duran Law, PLLC, we offer professional, compassionate legal services tailored to help individuals and families navigate the complexities of divorce and child custody. Our family law practice is positioned not just to represent your legal interests but to support your personal well-being throughout the entire process. Whether you are facing the end of a marriage, seeking a fair custody arrangement, or needing clarity on alimony or child support payments, our divorce lawyers are here to guide you every step of the way.

Our divorce lawyers will provide strategic advice, practical solutions, and powerful representation that leaves you with a lasting resolution. From your first consultation to the final result, we ensure that you remain informed and confident in your decision-making.

We understand that family law issues are deeply personal. Our experienced team of San Antonio divorce lawyers is committed to fostering a supportive environment where you can speak openly, knowing your concerns are being handled with the respect and attention they deserve.

Navigating High-Conflict Divorce with a San Antonio Divorce Lawyer

Divorce is rarely simple, but if you find yourself in the midst of an emotionally charged dispute, the complexity multiplies quickly. These types of divorces often involve heated disagreements over child custody, property division, and financial support. Our San Antonio divorce lawyers will be a calm hand that keeps you focused on the pillars of a successful resolution – tailored, clear legal strategy and a focus on long-term well-being rather than short-term victories.

What Defines a High-Conflict Divorce?

In many cases, communication between spouses breaks down entirely. When this occurs, disputes that include parenting schedules, division of assets, and spousal support are resolved in court. Working with our experienced San Antonio divorce lawyers will help you navigate these challenges with confidence while minimizing the effects of an emotionally charged conflict.

The Role of Mediation and Legal Support

Even in high-conflict situations, many couples benefit from mediation, a process where a neutral third party helps both sides reach an agreement outside of court. Mediation can reduce legal costs and emotional stress, and often leads to more satisfactory outcomes for both parties. In San Antonio, mediation is sometimes required by the court before a case proceeds to trial.

However, in cases where mediation fails or isn’t appropriate, having a strong legal advocate becomes crucial. A divorce attorney can represent your interests, ensure that all legal paperwork is filed correctly, and help enforce court orders if necessary. In high-conflict divorces, it’s essential to choose a lawyer experienced in handling contentious issues.

Protecting Children and Mental Health

High-conflict divorces can have a significant emotional impact on children. In San Antonio, courts prioritize the best interests of the child when making custody and visitation decisions. Judges may appoint a guardian ad litem or order parenting evaluations to get a thorough understanding of the family’s dynamics.

For both parents and children, seeking support from mental health professionals can be extremely beneficial. Professional guidance in the realm of provides tools to manage stress, communicate more effectively, and begin healing after a divorce.

Settling a high-conflict divorce takes time, but with the right approach and support, it’s possible to reach a resolution that allows both parties to move forward with real hope and contentment. Whether through negotiation, mediation, or court proceedings, focusing on cooperation and long-term outcomes is the key to reaching a successful resolution.

Child Custody and Support – Understanding the Child Custody Process

Child custody is often one of the most emotionally charged and complex aspects of a divorce or separation. Understanding how the child custody process works helps parents make informed decisions that serve the best interests of their children while also protecting their parental rights.

Our firm is committed to securing the best interests of your child through skilled legal representation. Whether you’re pursuing sole or joint custody, requesting a modification of existing arrangements, or establishing fair support payments, our experienced child custody lawyers and child support attorneys offer tailored legal solutions.

Types of Child Custody

There are two types of child custody: legal custody and physical custody. Legal custody refers to a parent’s right to make important decisions about the child’s upbringing, such as education, healthcare, and religious instruction. Physical custody determines where the child will live on a daily basis.

Custody can be awarded jointly (shared between both parents) or solely (granted to one parent). In most cases, courts prefer joint custody arrangements, as they promote continued involvement from both parents in the child’s life. However, if a parent is deemed unfit due to evidence of abuse, neglect, or addiction, sole custody may be awarded to only one parent.

How the Process Works

The child custody process typically begins when one or both parents file a custody petition with the family court. Both parents may be required to attend mediation to attempt to resolve custody disputes amicably. If mediation is unsuccessful, the case may proceed to a custody hearing or trial, where a judge will make a final decision.

During the custody evaluation, the court considers several factors to determine what arrangement is in the child’s best interests. These may include:

The child’s age and needs
Each parent’s ability to provide a stable and safe environment
The child’s relationship with each parent
Any history of domestic violence or abuse
The mental and physical health of both parents
The child’s preference (in some cases, depending on age and maturity)

Parenting Plans and Modifications

Once custody is determined, parents may be required to create a parenting plan that outlines the time-sharing schedule, holiday arrangements, and guidelines for communication and decision-making. This plan becomes a legal agreement once approved by the court.

If circumstances change, such as a parent moving, changes in work schedules, or concerns about the child’s well-being, custody orders can be modified through a formal request to the court.

Proprety Division

Dividing assets during a divorce can be complex, but our attorneys ensure a fair and equitable property division process. We help clients understand their rights regarding marital assets, debts, retirement accounts, and business ownership. Whether through negotiation or litigation, we fight for the best financial outcome so you can move forward with confidence in San Antonio, Texas.

Spousal Support (Alimony)

If you need legal guidance on spousal support, Roberson Duran Law is here to help. Whether you’re seeking alimony or contesting an unfair request, our attorneys work to ensure fair financial support arrangements. We assess factors like income disparity, marriage duration, and financial needs to advocate for the best possible resolution in San Antonio, Texas.