Family Law

San Antonio Family Law Attorney

Experienced TX Family Lawyer Handles Divorce and Parenting Matters

Whether you are going through a divorce, looking to adopt, or facing another legal issue close to home, Bergmann Law Firm, PLLC will seek solutions to your legal problems that protect your interests and loved ones. I am well-versed in Texas and family law cases. Parents and divorcing spouses in San Antonio and throughout Texas enlist my help to overcome some of life’s most difficult challenges. I take pride in delivering quality legal representation when it’s needed most.

Comprehensive Family Law Services at Bergmann Law Firm, PLLC

I handle a broad range of family law matters. Whatever family law issues you face, I will help you find the correct legal solution. More information on these topics is provided below.

  • Prenuptial and Postnuptial Agreements
  • Divorce and Separation
  • High-Asset Divorce
  • Military Divorce
  • Common Law Marriage Separation
  • Mediation
  • Property Division
  • Spousal Support
  • Child Support
  • Child Custody and Visitation
  • Modification of Custody and Support Orders
  • Enforcement of Court Orders
  • Parental Relocation Cases
  • Juvenile Delinquency
  • Domestic Violence
  • Protective Orders and Family Violence
  • Child Protective Services Cases
  • Grandparents’ Rights
  • Paternity and Father’s Rights
  • Adoption
  • Surrogacy and Assisted Reproduction Agreements
  • Legal Guardianship for Minors and Incapacitated Adults

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements can provide clarity and financial security for both spouses. I draft and review legally sound agreements that outline asset division, spousal support, and other financial and legal matters. These agreements can reduce uncertainty in divorce and help protect your personal and business interests.

Divorce and Separation

Divorce is an emotionally stressful experience, and I am here to help you navigate the legal process with confidence. Whether your divorce is contested or uncontested, I will guide you through each step to protect your rights and interests. From filing the petition to finalizing the divorce decree, I will advocate for your best outcome.

More About Divorce: Texas’ No Legal Separation Statute

I keep clients informed and protected throughout the legal process. One of the unique legal aspects of a Texas divorce, and often a frustrating one, is the mandatory 60-day waiting period. Even in an uncontested divorce, finalization takes time. Texas does not recognize legal separation. Even if you live apart, you’re still legally married until the court issues the final decree. Legal issues like property division, debt responsibility, and child custody must be handled carefully, even before filing for divorce. I help clients take the proper legal steps from day one, ensuring their rights are protected and they don’t make costly mistakes during the waiting period.

High-Asset Divorce

High-asset divorces require specialized legal knowledge due to the complexity of asset division. I handle cases involving businesses, real estate, stock portfolios, and other high-value holdings. I work with financial experts to ensure all resources are properly valued and divided.

Military Divorce

Divorce is already challenging, but for military families, additional legal factors come into play. I understand the complexities of military divorce, including the division of military pensions under the Uniformed Services Former Spouses’ Protection Act (USFSPA), the impact of deployment on custody arrangements, and compliance with the Servicemembers Civil Relief Act (SCRA). Whether you or your spouse is an active-duty service member or a veteran, I can help you navigate the divorce process while protecting your interests. I am honored to serve the many military families stationed at our San Antonio bases in their time of need.

Common Law Marriage Separation

In Texas, common-law marriage is recognized under Texas Family Code § 2.401. You may have legal rights similar to a formally married spouse even without a marriage license if you meet these criteria:

  • You and your partner agreed to be married
  • You lived together in Texas as spouses
  • You represented to others that you were married (such as in tax filings or legal documents)

These are the only requirements for a valid common-law marriage in our state. However, it is important to act if you are separating—under Texas law if you do not take legal action to establish the marriage within two years of separation, the court will presume that no common-law marriage existed. I can help you understand your rights, whether you need to prove or contest a common-law marriage and ensure your interests are protected in property division, custody matters, and other legal concerns.

Mediation

In most family law cases, mediation offers a more amicable and cost-effective way to resolve family law issues. I can guide you through the mediation process, helping you and your current spouse reach fair agreements on subjects like child custody, property division, and spousal support. If mediation does not lead to a resolution, I am prepared to represent you in court.

Property Division

Dividing marital property can be one of the most complex aspects of a divorce. Texas follows community property laws, meaning assets and debts acquired during marriage are typically divided equally. I will work to protect your financial future by ensuring the court has a full and accurate accounting of all marital assets, including real estate, retirement accounts, and business interests.

Fault May Be a Factor in Community Property Division

Keeping you informed and protected is my job. In Texas, assets and debts acquired during marriage are considered joint property and must be divided equitably. However, “equitable” doesn’t always mean equal. Many people don’t realize courts consider fault when dividing assets. If your spouse has committed adultery, wasted marital funds, or been abusive, the judge can award you a larger share of the property. Additionally, certain assets—like inheritances, gifts, and some retirement funds—might be protected as separate property. I help my clients identify and prove separate property, fight for a fair share of community assets, and ensure financial deception or misconduct is accounted for in the division process.

Spousal Support

Spousal support, also known as alimony, can be a contentious issue in many divorce cases. I will help you seek the best possible settlement or judgment, whether you are the spouse seeking support or the one required to pay. Texas law has specific guidelines regarding spousal maintenance, and I will ensure that your financial interests are fairly represented.

Who Qualifies for Spousal Support?

Texas courts do not automatically grant spousal support. To qualify, the spouse requesting maintenance must demonstrate they lack the wherewithal to cover their basic needs and meet one of the following conditions:

  • The marriage lasted 10 years or longer, and one spouse cannot earn enough income due to disability or lack of work skills.
  • The requesting spouse has a physical or mental disability that prevents self-sufficiency.
  • The paying spouse was convicted of domestic violence against the other spouse or their child within two years of the divorce filing.
  • The spouse who is the custodial parent of a child with special needs, making full-time employment impractical.

How Much is Spousal Support in Texas?

Texas law caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income.

How Long Does Texas Spousal Support Last?

Texas courts limit spousal maintenance to the shortest duration necessary for the recipient to become financially independent. The maximum length of payments depends on the length of the marriage:

  • 5 years for marriages lasting 10–19 years.
  • 7 years for marriages lasting 20–29 years.
  • 10 years for marriages lasting 30 years or more.

Support automatically ends if the recipient remarries or cohabits with a romantic partner. Courts can also modify or terminate payments if the financial circumstances of either party change significantly.

Child Support

Child support ensures children receive the financial resources they need after a divorce. Texas law provides guidelines for determining child support amounts based on income and custody arrangements. I will advocate for a fair child support arrangement that meets your children’s needs while protecting your financial stability.

What is Texas’ Cap on Child Support Payments?

Texas sets a maximum cap on child support payments, which surprises many parents. Child support is calculated based on a percentage of the paying parent’s net income. It is currently capped at a maximum of $9,200 per month in income (adjusted periodically). Courts can order additional support; this can be arranged with the help of an experienced family lawyer. Whether you need to fight for a fair amount of child support or request additional support for your child’s needs, I can help you navigate the legal process to ensure you receive—or pay—an amount that is fair and reasonable under Texas law.

Child Custody and Visitation

Child custody disputes can be challenging for all family members involved. I will work to establish a custody arrangement that prioritizes the best interests of your child while preserving your parental rights. Whether through negotiation or litigation, Bergmann Law Firm PLLC will fight for an outcome that provides stability and security for you and your family.

Texas’ Preference for Joint Custody

Texas courts generally favor joint managing conservatorship (JMC), which means both parents share decision-making responsibilities. However, this doesn’t always mean a 50/50 split of parenting time. Many parents assume they will automatically receive equal time with their child, but factors like work schedules, living situations, and the child’s best interests play a significant role. If you’re concerned about losing parenting time, I can present a strong case demonstrating why your custody arrangement should reflect your ability to provide a stable and loving home.

Modification of Custody and Support Orders

Circumstances change, and existing child custody or support orders may no longer meet your family’s needs. Texas law allows for modifications when a substantial change has occurred, such as a significant income change, relocation, or a child’s changing needs. If you need to request a modification or challenge an unfair request from the other parent, I will present a strong case to ensure the best possible outcome for you and your child.

Enforcement of Court Orders

Legal action may be necessary if your ex-spouse or co-parent fails to adhere to a court order regarding custody, child support, or spousal support disputes. Texas courts take violations seriously, and enforcement measures may include wage garnishment, property liens, or even contempt of court proceedings. I can help you enforce existing laws, court orders, and ensure you receive the financial and parental rights lawfully granted to you.

Parental Relocation Cases

If a parent wishes to relocate with a child, it can significantly impact custody arrangements. Texas law often requires court approval for moves that could disrupt the child’s relationship with the other parent. I assist parents seeking permission to relocate and those opposing a move that could harm the relationship with their child. By demonstrating the best interests of the child, I ensure that your parental rights are protected throughout the legal process.

Juvenile Delinquency

When a child is involved in the juvenile justice system, it can be overwhelming for parents. Starting with a free initial consultation, I provide legal guidance and representation to families dealing with juvenile delinquency cases. Together, we can ensure your child’s future is protected and your parental rights are protected throughout the legal process.

What Juvenile Delinquency Issues Does Bergmann Law Firm, PLLC Handle?

When your child still has their whole life ahead of them, it’s important to consider their future when handling criminal charges. I aim to avoid criminal convictions at all costs and work with the court system to seek alternative solutions like community service, counseling, or other diversion programs. Bergmann Law Firm, PLLC addresses the following juvenile delinquency issues.

  • Underage alcohol or drug offenses
  • Vandalism or property damage
  • Theft or shoplifting
  • Assault or fighting
  • Curfew violations
  • Truancy or skipping school
  • Driving under the influence (DUI)
  • Gang-related activities or involvement
  • Juvenile probation violations
  • Defending against a juvenile record

Domestic Violence

If you or a loved one is experiencing domestic violence, legal protection is available. I can help you obtain restraining orders and protective orders to ensure your safety. I also provide legal counsel for individuals who have been falsely accused of domestic violence and need to protect their reputation and legal rights. As this is often a highly volatile subject, I recommend you take fast action. Do not hesitate to call my law office here in San Antonio for a free consultation. We can discuss what legal actions can be taken immediately to keep you and your family safe.

More on Domestic Violence and Protective Orders

Knowledge is power, and I do my best to keep you informed and legally protected. For victims of domestic violence, courts can grant a temporary emergency protection order (PO) without the person or abuser being present, offering immediate protection for you and your children. Many people don’t realize that a PO can force a person or abuser to leave the shared home, prohibit them from contacting you, and even require them to surrender firearms.

On the other hand, false accusations of domestic violence can be used maliciously, for example, during contentious divorce or child custody cases. You do not have to stand for such injustice and watch your reputation and family visitation opportunities be destroyed. I will aggressively defend your rights and ensure the truth is heard in court.

Child Protective Services Cases

When Child Protective Services (CPS) becomes involved in your family’s life, it is critical to have strong legal representation. I assist parents in navigating CPS investigations, ensuring their rights are upheld and they have the best chance of maintaining custody of their children. Contact Bergmann Law Firm, PLLC at 210-759-4336 for help now.

Grandparents’ Rights

Under Texas law, grandparents may have the right to seek custody or visitation of their grandchildren in certain circumstances. If you are a grandparent who has been denied access to your grandchildren, I can help you navigate the legal system to fight for your rights.

Paternity and Fathers’ Rights

Establishing paternity is essential for fathers who want legal rights for their children. Under Texas law, when a child is born to unmarried parents, the father does not automatically have legal rights. I help fathers establish paternity through a court order or an Acknowledgment of Paternity (AOP). Reasons a father or mother may wish to establish paternity include the following:

  • Custody and visitation rights
  • Child support responsibilities
  • Inheritance rights
  • Access to health insurance
  • Medical history information
  • Emotional and identity connection
  • Social Security and benefits

Whether you seek to assert your parental rights or need assistance with child support obligations, I will advocate for your role in your child’s life.

Adoption

Adoption is a life-changing event that requires your personal attention and careful legal navigation. I assist my clients and families with all types of adoption cases, including stepparent adoptions, private adoptions, and agency adoptions. Bergmann Law Firm, PLLC will handle the legal complexities so you can focus on welcoming a new child into your home.

Surrogacy and Assisted Reproduction Agreements

Families growing through surrogacy or assisted reproduction need strong legal protection to secure parental rights. Texas law allows for legally binding surrogacy agreements, but these must meet specific statutory requirements to be enforceable. I help intended parents and surrogates draft comprehensive agreements that clarify rights, responsibilities, and expectations, minimizing legal complications down the road.

Legal Guardianship for Minors and Incapacitated Adults

When a child or an incapacitated adult needs legal protection, guardianship may be necessary. Texas courts appoint guardians to manage personal, financial, or medical decisions for individuals who cannot make those choices themselves. Whether you are seeking guardianship for a minor in need or an aging or disabled family member, I will guide you through the legal process and advocate for your loved one’s best possible care and protection.

Contact a Dedicated Texas Family Law Attorney

The legal representation you choose will play an important role in shaping the terms of your divorce, adoption, or other family law matters. Call Bergmann Law Firm, PLLC at (210) 759-4336 or contact me online to schedule a free consultation now with an experienced family law attorney. My office is located in San Antonio.