Divorce Lawyer Boerne Texas

Skilled Divorce Lawyers Dedicated to Representing Women

A woman taking off her wedding ring.

Navigating the complexities of a divorce can be daunting, but finding the right legal support shouldn’t be. Whether you need help with child custody arrangements or dividing marital property fairly, the knowledge of a divorce lawyer is crucial.

At WSM, we understand that every divorce case is unique, and we are committed to providing personalized legal services to meet your specific needs. Our experienced team of divorce lawyers is dedicated to offering comprehensive support, from initial consultations to final resolutions. We aim to make the legal process as straightforward and stress-free as possible.

We offer free consultations to discuss your situation and explore your legal options. Let us help you through this challenging time with confidence and clarity.

Take the first step towards a fair and smooth divorce process by reaching out to us today at 380-212-3731

Why Clients Trust Us with Their Divorce Cases

  • Experience in Family Law: Our divorce attorneys have extensive experience handling all types of divorce cases in Boerne, TX. We understand the intricacies of Texas family law and how it applies to your specific situation.
  • Compassionate Approach: Divorce can be emotionally draining. We are here to provide compassionate, empathetic support throughout the entire process, while also protecting your legal rights and advocating for your best interests.
  • Strong Negotiators: While we are always prepared to go to court if necessary, we are also skilled negotiators. We strive to reach favorable settlements that allow you to move forward without prolonged conflict or lengthy litigation.
  • Client-Centered Focus: We understand that every divorce is unique. That’s why we take a personalized approach to each case, making sure we fully understand your goals and concerns. We work closely with you to develop a strategy that aligns with your needs.

Understanding Divorce in Texas

Divorce in Texas involves several steps and legal requirements that must be followed to officially end a marriage. Understanding this process is important to make sure all legal steps are completed and your rights are protected.

The Divorce Process in Texas

  1. Filing the Petition: The divorce process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the court. This document outlines the grounds for divorce and any initial requests regarding child custody, property division, and support.
  2. Serving the Other Spouse: After filing, the petitioner must serve the other spouse, known as the respondent, with the divorce papers. The respondent must then file an answer, typically within 20 days, to acknowledge receipt and respond to the petition’s claims.
  3. Temporary Orders and Discovery: During the divorce proceedings, temporary orders may be issued to address immediate concerns like child custody, spousal support, and use of marital property. The discovery process allows both parties to exchange necessary information and documents related to assets, debts, and other relevant matters.
  4. Negotiation: Many divorces are resolved through negotiation, where both parties work together to reach an agreement on contested issues. This approach can be less adversarial and more cost-effective than going to trial.
  5. Trial and Final Decree: If the parties cannot agree, the case may go to trial, where a judge will make decisions on unresolved issues. Once all matters are settled, the court issues a Final Decree of Divorce, legally ending the marriage and outlining the terms of the divorce.

Requirements for Divorce in Texas

  • Residency: At least one spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days before filing.
  • Grounds for Divorce: Texas recognizes both no-fault and fault-based grounds for divorce. The most common no-fault ground is insupportability, meaning the marriage cannot continue due to discord or conflict.
  • Waiting Period: Texas law imposes a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized, except in certain cases involving family violence.

By understanding these steps and requirements, you can make the divorce process smoother and ensure your rights are protected. Working with a seasoned divorce lawyer can offer personalized guidance to suit your unique situation.

Property Division in Texas: Separate vs. Marital Property

Plastic toy family with a gavel.In Texas, dividing property during a divorce follows community property law. This means that anything acquired during the marriage is usually considered shared marital property and must be divided fairly between both spouses. It’s important to know the difference between separate and marital property to ensure a just division.

Separate property includes assets and debts that belong to just one spouse. This typically covers items owned before marriage, gifts, inheritances received by one spouse during the marriage, and personal injury awards. To prove these assets are separate, individuals should provide clear evidence, such as documents or testimony.

Marital property, also known as community property, includes everything acquired by either spouse during the marriage, like income, real estate, and retirement accounts. Texas law requires that marital property be divided equitably, which means fairly, not necessarily equally. The court considers factors like how long the marriage lasted, each spouse’s earning ability, and their contributions to the marriage to decide on a fair split.

The property division process in Texas involves carefully evaluating both separate and marital assets. Spouses might agree on a settlement that outlines how to divide everything, or the court may step in if they can’t agree. The court aims to divide marital property in a way that is fair and right, taking into account each case’s unique details.

Can Property Division Decisions Be Appealed in Texas?

In Texas, if you think the way property was divided in your divorce was unfair or doesn’t follow Texas law, you can ask for it to be reviewed, which is called an appeal. An appeal isn’t a new trial but a chance to check if the original decision was correct.

To appeal, you need to show that the court made a mistake that changed the outcome of your case. Mistakes could include wrongly classifying property as separate or marital, incorrect asset valuations, or not considering important factors when dividing property.

Having experienced divorce lawyers is important if you want to appeal, as they can guide you through this complex process. Our team at WSM knows family law appeals well and is dedicated to protecting your rights throughout the process.

Understanding Alimony and Spousal Support in Texas

Alimony, also known as spousal support, is a form of financial assistance granted to one spouse following a divorce. The amount and duration of this support are determined by several factors, including:

  1. Length of the Marriage: Longer marriages often result in higher alimony payments, as the financial and lifestyle interdependence between spouses is typically more established.
  2. Earning Capacity: The court examines each spouse’s ability to earn an income. If one spouse has significantly lower earning potential, they may be awarded alimony to maintain a reasonable standard of living.
  3. Financial Needs and Resources: The court considers both spouses’ financial needs and resources, including income, assets, and debts. This assessment helps determine a fair alimony amount.
  4. Contributions to the Marriage: Contributions such as homemaking, child-rearing, or supporting the other spouse’s career can influence alimony decisions. These non-monetary contributions are valued and factored into the support arrangement.
  5. Health and Age: The physical and mental health, as well as the age of both spouses, are considered. Older or less healthy spouses may require more support due to limited employment opportunities.
  6. Standard of Living: The standard of living established during the marriage is a benchmark for alimony. The court aims to ensure that both parties can maintain a similar lifestyle post-divorce.
  7. Fault in the Divorce: In some cases, the conduct of either spouse during the marriage, such as infidelity or abuse, may impact the alimony decision.

Understanding these factors can help you approach alimony discussions with clarity and aim for a fair outcome. Our skilled legal team at WSM is committed to protecting your rights and ensuring that spousal support arrangements fit your specific needs and circumstances.

How Long Does Spousal Support Typically Last in Texas?

A pile of money with a gavel on topIn Texas, how long you can receive spousal support, also known as alimony, depends on your marriage and divorce situation. Typically, spousal support is temporary, meant to help the receiving spouse become financially independent. The duration varies based on factors like the length of the marriage and the recipient’s financial needs.

Remember, spousal support can change or stop if there’s a significant life change, like the recipient getting remarried or earning more money. Working with a skilled divorce attorney ensures that spousal support is fair and suits your current needs.

Child Custody and Child Support

If you have children, child custody and child support will likely be among the most important concerns of your divorce. Our attorneys are dedicated to helping you reach a custody arrangement that is in the best interests of your children, whether that involves sole custody, joint custody, or shared parenting. We will also ensure that child support orders are fair and reflect both parents’ financial capabilities.

Modifying Divorce Agreements in Texas

Divorce agreements are not permanent and can be changed if necessary. Sometimes, life changes like losing a job, moving to a new place, or changes in children’s needs require adjustments in child custody, spousal support, or other parts of a divorce settlement. Knowing how to modify these agreements is important.

In Texas, you can ask for changes to your divorce agreement when there is a significant change in circumstances. It’s crucial to work with experienced divorce lawyers who can help you navigate the legal process and ensure your modifications follow Texas law.

Our legal team is skilled in family law cases and can assist you in requesting the court for necessary changes. We advocate for your best interests and make sure the modifications accurately reflect your current situation. Whether you need to change child support, custody, or other divorce terms, our firm is committed to providing the help and knowledge needed to manage these complex matters.

Schedule a Consultation with a Dedicated Lawyer for Women

At WSM, we focus on creating legal strategies that fit each client’s specific needs in family law cases. We distinguish ourselves by recognizing the unique challenges our clients encounter. We create a supportive environment that blends emotional backing with sound legal guidance, ensuring our clients feel understood and empowered throughout the divorce process. Our Boerne divorce lawyers are well-versed in local family law, providing advice tailored to your specific situation and goals.

Our initial consultations let clients discuss their situations privately and explore their legal options. We work to protect our client’s rights and interests, offering support in areas like dividing assets, child custody, and difficult divorces. Besides legal help, we provide resources and information to help our clients make informed choices.

Choose WSM for a committed legal team ready to guide, support, and advocate for you at every step of your divorce. Contact us today at 380-212-3731 to schedule your free consultation and start moving towards a better future.

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