Divorce

San Antonio Divorce Attorney

Knowledgeable TX Divorce Lawyer Provides Guidance and Advice

Divorce is never easy, even when both partners agree it’s the right decision. The dissolution of a marriage involves crucial decisions about how your shared property will be divided and how any children will be cared for. At Bergmann Law Firm, PLLC, my goal is to help clients in the San Antonio area and throughout Texas get through their divorces without added stress or difficulty. My knowledge of Texas laws and practices enables me to provide advice on all aspects of divorce, assist with the required legal documentation, and address any questions or concerns you may have.

Understanding Texas Divorce Laws

Divorce laws in Texas can be complex, with specific requirements regarding residency, waiting periods, and legal grounds for divorce. The grounds for divorce in Texas are outlined in Texas Family Code § 6.001 – § 6.007, these include the following:

  • Insupportability  —  No-fault divorce due to irreconcilable differences.
  • Adultery  — One spouse engaged in an extramarital affair.
  • Cruelty  —  Physical or emotional abuse makes cohabitation unbearable.
  • Abandonment  —  One spouse left for at least one year with intent to abandon.
  • Felony conviction  — A spouse was convicted of a felony and has been imprisoned for at least one year.
  • Living apart — Spouses have lived separately for at least three years.
  • Confinement in a mental institution  — A spouse has been institutionalized for at least three years with little chance of recovery.

Whether you are filing for a no-fault divorce or citing specific grounds, understanding the legal framework is essential. I help clients navigate these laws to ensure they meet all legal requirements while protecting their rights.

Committed Advocate Strives for Fair Support and Property Arrangements

At Bergmann Law Firm, PLLC, I will work to develop the best possible solutions for all aspects of your divorce, which may include:

  • Child custody and visitation — Court orders determine where your child will live, how parenting time will be split, and to what degree each parent gets to make decisions about their child’s life. I will work to ensure your parental rights are protected while advocating for your children’s welfare.
  • Child support — A number of factors are used to calculate child support payments, from each parent’s income to each child’s particular needs. I will seek an order that’s fair to all parties.
  • Distribution of property — The division of your home and other assets often depends on whether property is owned by a couple or by just one spouse. I will help you seek a fair division of the marital estate.
  • Division of marital debts — Both spouses may be accountable for debts accrued by the couple, or one partner may be found to be more responsible. I will provide the legal support you need to ensure the findings and final judicial order represent due justice on your behalf.
  • Spousal support and temporary support — Whether you seek spousal support, also known as alimony, on a permanent or temporary basis, or must pay it, I will seek a fair determination so that divorce doesn’t leave you financially strapped.

With commitment and conviction, I argue for fair arrangements, always keeping in mind your best interests and those of your children.

How Long Does a Divorce Take in Texas?

The timeline for a divorce in Texas varies depending on the complexity of the case. The state requires a mandatory 60-day waiting period after the case filing before a divorce can be finalized. Outside of the mandatory minimum, cases involving child custody disputes, high-value assets, or contested issues can take several months or even years, depending on how willing each party is to cooperate or find mutual ground. I help clients manage expectations and move through the process as efficiently as possible.

Effective Family Lawyer Handles Mediation and Litigation

The course that your divorce takes will depend on your circumstances. Most couples will first try to work things out in mediation rather than opting to let a judge decide the terms of their divorce. Mediation gives you and your spouse the opportunity to negotiate a divorce settlement in a structured setting through a trained facilitator, in a process that fosters cooperation and removes the unpredictability and uncertainty of litigation. It also often reduces the time and cost of divorce and puts the decisions in your hands.

If litigation is necessary to reach just and equitable resolutions to alimony, custody, and other matters, I am prepared to advocate on your behalf in court in pursuit of the most favorable outcome.

What Happens if One Spouse Refuses to Cooperate?

If one spouse refuses to participate in the divorce process, the case can still move forward. A default judgment may be issued, granting the filing spouse the relief requested. I help clients understand their options when faced with an uncooperative spouse.

Protecting Your Financial Interests During Divorce

Divorce can have significant financial implications, including the following:

  • Division of assets and debts — Splitting property, investments, and liabilities.
  • Alimony or spousal support — Potential payments from one spouse to the other.
  • Child support — Ongoing financial responsibility for children.
  • Legal fees — Costs for attorneys, court filings, and mediation.
  • Tax implications — Changes in filing status, deductions, and asset transfers.
  • Retirement accounts — Possible division of pensions, IRAs, and 401(k)s.
  • Housing costs — Expenses for separate living arrangements.
  • Health insurance — Loss of coverage from a spouse’s plan.
  • Credit impact — Potential damage from joint debts and financial separation.
  • Lifestyle adjustments — Changes in income and expenses post-divorce.

I work with clients to ensure they receive a fair division of marital property and are prepared for their future financial situation post-divorce.

Understanding No-Contest Divorce in Texas

A no-contest or uncontested divorce can make the process smoother and less stressful for both spouses. If both parties agree on all aspects of the divorce—such as property division, child custody, and support—then the case can proceed without drawn-out litigation. This approach often saves time, money, and emotional strain. However, even in an uncontested divorce, it’s essential to have a knowledgeable attorney review the agreement to ensure your rights are protected and that the terms are legally sound.

Mediation as an Alternative to Litigation

Mediation is a valuable option for many divorcing couples who want to resolve their disputes amicably without going to trial. This process involves a neutral third-party mediator who helps facilitate discussions and negotiations, allowing both spouses to reach fair agreements on key issues. Mediation often results in a faster and more cost-effective resolution while minimizing conflict. As your attorney, I can guide you through the mediation process and help you negotiate terms that align with your best interests.

Common Law Marriage and Divorce in Texas

Texas recognizes common law marriage, meaning couples who meet specific legal criteria can be considered married without a formal ceremony. Ending a common-law marriage requires a legal divorce, just like any other marriage. Proving the existence of a common-law marriage can sometimes be a challenge, particularly when one party disputes it. Under Texas Family Code § 2.401, to prove a common law marriage, you must show the following:

  • Agreement — Both partners agreed to be married.
  • Cohabitation — The couple lived together as spouses in Texas.
  • Representation — Both represented themselves as married to others (e.g., using the same last name, filing joint taxes, or referring to each other as spouses).

If you need to establish or dissolve a common-law marriage, I can help you navigate the legal process and protect your rights.

Conflicted Divorce and Protective Orders

Some divorces involve more than just financial and custodial disputes—they may also include issues of domestic violence, harassment, or intimidation. If you are in a situation where your safety or your child’s well-being is at risk, a protective order may be necessary. The court can issue orders to restrict contact, provide temporary custody arrangements, and ensure your safety. If you need protection or are facing allegations of misconduct, I can help you take the right legal steps.

The Importance of a Strong Divorce Agreement

Even after a divorce is finalized, life circumstances change. A well-drafted divorce agreement should anticipate potential future issues and clearly outline the terms of property division, child custody, and support to minimize future disputes. I work with clients to create strong, enforceable agreements that help prevent unnecessary legal battles down the road.

Contact a Skilled TX Divorce Attorney

At Bergmann Law Firm, PLLC, in San Antonio, I represent divorcing spouses throughout Texas. Call us at (210) 759-4336 or contact me online to schedule a consultation with a qualified family law attorney.

Frequently Asked Questions About Divorce in Texas

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

No, Texas allows for no-fault divorce, meaning you do not need to prove wrongdoing to file for divorce.

How is a pension divided in a Texas divorce?

Retirement accounts and pensions earned during the marriage are considered community property and can be divided equitably between spouses.

Can I change my name during the divorce process?

Yes, you can request a name change as part of the divorce decree, and it will be legally restored without requiring a separate court filing.

How do Texas courts determine who gets the house?

The court considers whether the home is separate or community property, financial contributions, child custody arrangements, and other factors when deciding who retains the home.

Can I get divorced if my spouse is missing?

Yes, you can file for divorce and serve your spouse through alternative methods, such as publication, if their whereabouts are unknown.

What if my spouse will not agree to get a divorce?

If your spouse contests the divorce, the process may take longer, but the court will still proceed with hearings and a final judgment.

Will I have to go to court for my divorce?

Not always. If you and your spouse can reach a settlement through mediation, you may avoid a courtroom trial.

What happens if my spouse hides assets?

If a spouse is suspected of hiding assets, legal measures such as discovery requests, forensic accounting, or court intervention can be used to uncover them.

How does adultery impact a divorce in Texas?

Adultery can be considered a factor in property division and spousal support determinations but does not automatically impact custody or child support.

Can I modify my divorce decree after it’s finalized?

Yes, modifications can be requested for child custody, support, or alimony if significant life changes occur after the divorce is finalized.