San Antonio Lawyer

Family Law Attorney

Family Law

Are you hurting from the effects of a separation and facing a divorce?

A divorce may be one of the most painful situations you have to go through. You don’t need to face it alone. You have an ally at the Law Firm of David Canales in San Antonio. Someone who will stand up for your rights and will make sure you are not trampled in the process. You will be in good hands and treated respectfully.

What exactly is a divorce?

When a couple chooses to legally end their marriage the process is called a divorce. Usually a divorce is filed as a No-Fault; however either spouse may accuse the other of cheating, abuse, neglect or other issues. To file a divorce in Texas, at least one of the parties must have been a resident of Texas for at least 6 months and must have lived in the county where the divorce documents were filed for at least 90 days.

What are the steps to filing a divorce?

Usually, one spouse, with the help of an attorney, files a petition for the dissolution of marriage, a notice of hearing and a motion for temporary orders. Once the other spouse receives the notices they may choose to hire an attorney to assist in the filing of the responses.

What are Temporary Orders?

A waiting period of at least 60 days must occur before a divorce will be granted. A Temporary hearing will be held to determine who will keep the possessions, house, and when children are involved, who will care for them during these 60 days. You should protect your interests at this hearing by having a good attorney to represent you.

What types of divorce are there?

• Contested Divorce – If the couple is unable to reach an agreeable divorce petition, then each person would hire their own divorce attorney to try to work out a settlement that both parties can agree on.
• Uncontested Divorce – this is usually a simple procedure that requires very little court intervention.

What about the Children?

One of the most difficult issues to deal with in a divorce is the children and who will be responsible for the children. Oftentimes the custody issue continues throughout the divorce process. Many times it is pointed out that one party is unfit to parent with the goal to gain custody of the children and limit exposure to the other parent. You need to be prepared that you could be accused of being an unfit parent by your spouse. This is a battle that you must look out for your best interests and the interests of your children.

Supporting the Children after the divorce.

It is the responsibility of both parents to support the children, which includes providing food, shelter, clothing, education and medical care. This care continues until the child graduates from high school, turns 18 or decides to leave on their own. If the child is disabled or has special needs then this obligation may go on indefinitely.

How is the property divided?

Dividing the property in half is usually the starting point, but it is rare that it actually ends there. Some of the factors that affect this includes how easily the spouse can get a job, how much education they have, who is to blame for the breakup, medical condition of the spouse and if there is an expected inheritance to take into account.

If you have any more questions, please feel free to contact me at my law office in San Antonio. We can set down and discuss your situation and evaluate the best way to proceed. My office phone number is 210-559-6700. Don't wait to make that call.

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