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San Antonio, TX Divorce Lawyer

Compassionate Legal Support with San Antonio Divorce Attorneys for Women

A woman in a black shirt takes off her wedding ring.For women who dedicate years to raising children and supporting their spouse, divorce poses a serious emotional and financial challenge. Many women enter family court worrying about their finances, parental rights, and ability to navigate a divorce against a controlling or uncooperative spouse. A San Antonio divorce lawyer for women can guide you through important aspects of a divorce, from child custody to the settlement of the marital estate.

At WSM, our firm is dedicated exclusively to representing women in family law matters. Our San Antonio female divorce lawyers understand the unique challenges women face and will fight for your financial security, parental rights, and future well-being. 

Call 210-942-1951 today to schedule a free consultation with a San Antonio divorce attorney who will advocate for you.

Understanding Divorce Laws in Texas

Texas is a no-fault divorce state. This means that neither party has to prove wrongdoing to file for divorce. Certain fault-based grounds, such as abandonment or abuse, can impact the outcome of property division or spousal maintenance. Important aspects of Texas divorce law include:

  • Residency requirements: You or your spouse must have lived in Texas for at least six months before filing.
  • Mandatory waiting period: Once a divorce is filed, a judge will not finalize the divorce until at least 60 days pass.
  • Community property laws: Texas aims to divide a marital estate fairly. This does not always mean that it is divided perfectly evenly.
  • Child support: The courts often take steps to ensure that the custodial parent has the resources they need to provide a safe and stable environment for their child. Child support offers an important source of financial support for mothers to use on child-rearing expenses.

Types of Divorce in Texas

Uncontested Divorce

  • Definition: Both spouses agree on all terms of the divorce, including property division, child custody, and support.
  • Process: The spouses can submit an agreement to the court. This process is quicker, more affordable, and less stressful.

Contested Divorce

  • Definition: Spouses cannot agree on one or more key issues (such as property division or child custody), and the court needs to intervene.
  • Process: Mediation and court hearings are required to resolve disputes. If no agreement is reached, a judge will make the final decisions.

Default Divorce

  • Definition: If one spouse is served with divorce papers and fails to respond within the required time, the filing spouse can request a default divorce. The court may grant the divorce based on the terms in the petition.

Understanding Texas divorce laws often requires advice and counsel from an experienced San Antonio divorce attorney for women who can help you understand what to expect as your divorce moves forward.

Understanding Property Division in Texas Divorce Cases

WSM's team of female divorce attorneys working in a conference roomTexas follows community property laws. This means that assets acquired during a marriage are considered to be joint property of the spouses. If the two parties to a divorce cannot agree on how to divide an estate, the courts will see that the estate is divided fairly; however, fairly does not always mean equally.

Some assets and debts may be classified as separate property. This means that they belong to one spouse and are not subject to division during a divorce. Examples of separate property include gifts, inheritances, and anything that was owned before a marriage.

Understanding Spousal Support in Texas

Spousal support, also known as spousal maintenance, is not automatically granted in a divorce in Texas. The courts consider the financial need of the party requesting spousal support.

A judge may grant spousal support if:

  • The marriage lasted 10 years or longer
  • The requesting spouse has a disability that prevents them from working
  • The requesting spouse is the primary caregiver of a dependent with a disability
  • The paying spouse was convicted of family violence within two years of filing for divorce

Spousal support can also be included in a final divorce decree if both parties voluntarily agree to it. Since support payments are not guaranteed, the party requesting spousal maintenance can increase their chances of securing this form of support by working with a San Antonio divorce lawyer.

Special Protections for Domestic Violence Victims

It is an unfortunate reality that many women in family court come from abusive or manipulative marriages. Their top concern is often their safety and the safety of their children. Texas courts take these matters seriously. With the help of a San Antonio divorce attorney, you can secure these protective measures: 

  • Protective orders: Protective orders prohibit abusers from contacting or coming near their victims. Anyone who violates the terms of a protective order can face arrest and criminal charges.
  • Emergency custody order: Mothers who worry about the safety of their children can work with an attorney to secure an emergency custody order. This court order ensures your children are kept safe as the divorce plays out.
  • Supervised visitation: Abusive parents can be placed on supervised visitation. These visits are held in secure spaces where county employees closely observe the interactions between the child and the parent.

Texas courts can provide important protections for mothers in danger of being harmed by a past abuser, but a judge can only take action if they are made aware of the matter and shown supporting evidence. 

Common Challenges Women Face During Divorce

Divorce can create significant hardships, particularly for women who are financially dependent on their spouse. Women often sacrifice their careers to take care of children and domestic responsibilities. Some of the common challenges women encounter in divorce include:

  • Concerns about financial security: Women often have concerns about how they will have the resources to rebuild their lives post-divorce. The courts provide certain remedies for women in these situations, including spousal support.
  • Worries about protecting parental rights: Even when a mother is the primary caregiver for a child, they can still face uncertainty about their ability to retain meaningful access to their children. They can face challenges in court if the other parent seeks primary custody or makes false allegations.
  • Dealing with an abuser: Women who flee emotionally and physically abusive relationships may require legal protection. The courts can offer protection for women in these situations.
  • Navigating property division: Women often rely on a fair division of marital assets to rebuild their lives. How property is divided in court could have serious implications for the quality of life a mother and any children have following a divorce.

These are just some of the serious challenges women and mothers face during a divorce. Navigating a path toward a safe and secure future often requires the help and legal services of a San Antonio divorce lawyer.

How WSM Helps Women Facing Divorce

A female divorce lawyer for women sitting at her desk looking over legal documents for a high asset divorce and child custody case.WSM was founded to fill a critical gap in Texas family law by providing dedicated representation for women. We do not let women and mothers get lost in the family court system. Our female-led team takes time to listen to our clients’ stories so we fully understand their concerns, goals, and fears.

We know that divorces are emotionally and financially challenging, and we’re here to be your advocate as we work together to secure a brighter future for you and your children. When you work with our esteemed law firm, you benefit from our compassionate guidance and personalized solutions that protect your rights and further your interests in court.

Contact WSM for a Free Consultation with a San Antonio Divorce Attorney Today

Divorce can cause emotional and financial challenges. Having strong legal representation can help you secure a fair financial settlement, protect your parental rights, and ensure your future stability. At WSM, we focus exclusively on representing women and are dedicated to helping women navigate divorce, ensuring they receive the support and advocacy they deserve.

Our team understands the unique challenges women face during divorce and provides strategic legal guidance tailored to their needs. Whether it involves securing financial support, protecting assets, or advocating for child custody, we are committed to achieving the best possible outcome for our clients.

Take the first step toward protecting your future with a legal team that understands your needs. 

Call 210-942-1951 today to schedule a consultation with a San Antonio divorce lawyer for women who will fight for your best interests.

San Antonio Divorce FAQs

How Long Does a Divorce Take in Texas?

The minimum waiting period is 60 days, but contested divorces involving property division, custody disputes, or spousal support can take several months to over a year. Complex cases with high-value assets or disagreements over parenting plans often require additional time for negotiations or court proceedings.

Can I Get Full Custody of My Children?

Texas courts prefer joint decision making, but sole decision making (also known as conservatorship rights) may be granted if the other parent is unfit due to abuse, neglect, or instability. Courts evaluate factors such as the child’s best interests, parental involvement, and living conditions before making a decision.

Will I Receive Alimony After My Divorce?

Texas does not guarantee post-divorce spousal maintanance, but it may be awarded in cases where one spouse lacks sufficient income, has a disability, or was married for at least 10 years. The court considers factors such as earning capacity, contributions to the marriage, and financial need when determining maintenance eligibility and payment amounts.

What Happens if My Ex Refuses To Pay Child Support?

The court can enforce child support payments through wage garnishment, tax refund interception, license suspension, or contempt of court charges. Delinquent payments accrue interest, and failure to comply can lead to fines or even jail time.

What Should I Do if My Spouse Is Hiding Assets?

If you suspect hidden assets, financial records such as bank statements, tax returns, and business records can provide evidence. Courts may order forensic accounting or subpoenas to uncover undisclosed income or property, ensuring an equitable division of marital assets.

Do I need a San Antonio divorce lawyer if my divorce is amicable?

While an amicable divorce may seem less complicated, it is still advisable to seek legal advice. An attorney can ensure that your interests are protected and that all necessary legal requirements are met.

An attorney can help you navigate the process and ensure that everything is done correctly.

How long does the divorce process usually take?

The duration of a divorce process varies depending on many factors, such as the complexity of the case, the willingness of both parties to cooperate, and the court’s schedule. Your attorney can provide an estimation based on your specific circumstances. It’s important to note that every divorce case is unique, and there is no one-size-fits-all answer to this question. Factors such as the number of assets involved, the presence of children, and the level of conflict between the parties can all impact the length of the divorce process.

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