San Antonio Divorce Lawyer

How to File for Divorce in Bexar County, TX

First, hire a divorce attorney near you to assist and represent you through the process. 

Once you have representation, here are the first steps in filing for in San Antonio:

1. Pick up a packet from the courthouse or download Texas divorce papers online
2. Complete the appropriate paperwork (agreed divorce, default divorce, or contested divorce)
3. Make two copies of your divorce papers
4. File your original papers and pay the filing fee
5. Serve copies of the completed papers to the other party

Before filing 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. 

Call The Law Office of Derek S. Ritchie, PLLC at (210) 702-2203 to learn how we can help you!

The Basics of the Divorce Process in Texas

No one ever expects their marriage to 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, 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

You must meet the state's residency requirement before you can file for divorce in Texas. You or your spouse must have lived in the state for at least six months and be a resident in the county where you wish to file for divorce for at least three months. If you meet these requirements, the court could finalize your divorce 60 days after the initial filing.

Key Issues in a Divorce

Several key issues must be addressed in a divorce, including property and asset division, alimony, child support, and child custody, each of which can take considerable time to resolve if you and your spouse cannot reach an agreement on any of them. When spouses disagree 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.

A judge will always put the child’s best interests first when deciding on child custody or child support.

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 seeking alimony.

Our Divorce Lawyer in San Antonio Takes a Tailored Approach

Though we will strive to help you finalize your divorce through mediation, arbitration, or alternative dispute resolution, we believe no one should feel pressured to accept a less-than-ideal settlement. Our divorce attorney in San Antonio, TX, recognizes that sometimes, litigation is necessary. Should we think that taking your case to the courtroom will yield better results, we are prepared to do so.

Getting a divorce is a major life change, and it's important to have experienced San Antonio divorce lawyers on your side. At The Law Office of Derek S. Ritchie, PLLC, we understand the emotional and legal challenges you're facing, and we're here to help you every step of the way.

Our team of skilled and compassionate lawyers have a proven track record of success in helping clients achieve their desired outcomes in divorce cases. We'll work tirelessly to protect your interests and secure the best possible results for you and your family.