At The Law Office of Derek S. Ritchie, PLLC, we handle:
- High Net Worth Divorces: Divorce is difficult for anyone, but high net worth couples often face unique challenges when dividing property, determining alimony, and calculating child support. We offer tailored representation that accounts for your specific financial situation.
- Uncontested Divorces: Even if you and your spouse agree on most of the terms of your divorce, it is still in your best interest to retain legal representation. With the right lawyer on your side, you’ll be positioned for success in the future. Our clients know they can count on us to protect their rights and interests.
- Spousal Maintenance: After a divorce, spousal maintenance may be agreed upon or ordered by the court in order to help the lesser-earning spouse maintain their accustomed standard of living for a set period of time.
- Property Division: Texas is a community property state, which means all property acquired during the marriage is subject to division. Our attorney can help you understand how property is divided in a Texas divorce and work towards the most favorable resolution for you.
How to File for Divorce in Bexar County, TX
First, hire a divorce attorney near you to assist and represent you through the divorce process. Once you have representation, here are the first steps in filing for divorce in San Antonio:
- Pick up a divorce packet from the courthouse or download Texas divorce papers online
- Complete the appropriate paperwork (agreed divorce, default divorce, or contested divorce)
- Make 2 copies of your divorce papers
- File your original divorce papers and pay the filing fee
- Serve copies of the completed divorce papers to the other party
Before filing divorce papers, however, the first step you should really take is to consult a Bexar County divorce lawyer. A local divorce attorney can help you with the paperwork, ensure that no errors are made, and provide support and guidance as you file for divorce. Call The Law Office of Derek S. Ritchie at (210) 761-4943 to learn how we can help you!
The Basics of the Divorce Process in Texas
No one ever expects their marriage to ultimately end in divorce, but it is an unfortunate reality for many. For many, the divorce process is their first encounter with the court system and many are unfamiliar with some of the basics of what the experience entails or requires.
Although Texas provides grounds for a no-fault divorce, which is also known as irreconcilable differences, the state also recognizes divorce based on fault. In Texas, potential grounds for divorce include adultery, abandonment, cruelty, felony conviction, and confinement in a mental hospital.
The Residency Requirement
Before you can file for divorce in Texas, you must meet the state’s residency requirement. You or your spouse must have lived in the state for at least 6 months and be a resident in the county where you wish to file for divorce for at least 3 months. If you meet these requirements, the court can potentially finalize your divorce 60 days after the initial filing.
Key Issues in a Divorce
There are several key issues that must be addressed in a divorce, including property and asset division, alimony, child support, and child custody, each of which can take a considerable amount of time to resolve if you and your spouse cannot reach an agreement any of them. When spouses cannot agree on one or more of these issues, they will have a contested divorce. However, if you find yourselves on the same page, you may have an uncontested divorce.
When rendering a decision regarding your children, whether it be child custody or child support, a judge will always put their best interests first.
Below are some of the factors a judge will consider when determining custody:
- The child’s emotional needs
- The relationship the child has with each parent
- The child’s developmental needs
- The child’s age
- Each parent’s work schedule
- Each parent’s lifestyle and ability to provide for the child
- In some cases, the child’s preference may be considered
- Whether either parent has a history of domestic abuse or substance abuse
- Any other factors a judge may consider pertinent to supporting the child’s best interests
When it comes to dividing property and assets, Texas is a community property state, which means all marital property will be divided equally. Additionally, alimony is only granted under specific circumstances. For example, the court will examine the duration of the marriage, any contributions a spouse made as a homemaker, and the earning ability of the spouse who is seeking alimony.
Our San Antonio Divorce Lawyers Take a Tailored Approach
Though we will strive to help you finalize your divorce through mediation, arbitration, or some other form of alternative dispute resolution, we believe that no one should feel pressured to accept a less-than-ideal settlement. Our divorce lawyers in San Antonio, TX recognize that sometimes, litigation is necessary. Should we feel that taking your case to the courtroom will yield better results, we are always prepared to do so.